This Court administers Testamentary Trusts but does not administer Living Trusts.
A Testamentary Trust is a trust that is created by the last Will and Testament of the deceased. In this Court, it is created as a separate case. It is the responsibility of the fiduciary or the fiduciary’s attorney to file the appropriate paperwork to appoint a Testamentary Trustee. An estate will not be closed until the Testamentary Trust has been created. It is subject to the same fiduciary requirements as for estates.
The Ohio Revised Code has placed other types of trusts, such as wrongful death and special need trusts, in the Probate Court’s jurisdiction. There are very specialized trusts and should only be created with the help of an attorney.