A testamentary trust is a trust that is drafted into a will. Thus, the will is both a will and a trust. It might provide that the estate goes to the decedent’s husband if living and if not then in trust for the benefit of the minor children for their support until age 25. Not only does the will go through Probate, the trust also is monitored and controlled by Probate Court. Thus, if the youngest child was three, the Probate Court would have jurisdiction over the trust for 22 years. Thus, attorney’s fees and court cost continue for this period of time.
A revocable trust is a trust that is a separate legal document apart from the will. It is not controlled and supervised by Probate Court. Therefore, the cost of administration is lower.