When California residents create their estate plan, they may sometimes find it difficult to determine if they should set up a trust or use a will. In some situations, people may be able to use both of these options by establishing a testamentary trust.
A testamentary trust is usually created through a will. According to FindLaw, people can specify who will receive their assets and make changes to this plan up until their deaths. A testamentary trust typically takes effect once a person dies. Although most trusts do not need to go through probate, this is not always the case for testamentary trusts. This kind generally goes through probate and is considered an active trust once the probate process has finished.