What happens to property in an estate if a testamentary trust in a will was never set up?

If the will directs that property shall pass to a trust that was never fully executed (such as a trust that was supposed to be set up while the testator was living and cannot be found), that devise will lapse and become part of the residue of the estate. If there is no residuary clause in the will that property will be distributed as intestate property.

If on the other hand a trust was set forth in the willand the will was never probated then you should submit the will for probate now. Generally, when a testamentary trust is created in a will, the will is submitted for probate so that the will can be proven and allowed as the last will and testament of the decedent. Once the will has been probated the court process continues and morphs into a trusteeship. Then, the named trustee is appointed and manages the trust according to the provisions set forth in the will. State laws on this issue may vary.

You should consult with an attorney who specializes in probate law who can review your situation and the will and advise you of your options.