Pour-Over Will
What Is a Pour-Over Will?
A pour-over will is a type of will designed to transfer remaining assets into a trust after a person’s death. If any assets were not already placed into the trust during the person’s lifetime, the pour-over will directs those assets to be “poured over” into the trust.
This type of will is commonly used alongside a revocable living trust.
Assets that may transfer through a pour-over will include:
- Bank accounts not previously moved into the trust
- Personal property
- Newly acquired assets
Why It Matters
A pour-over will helps ensure that all assets ultimately follow the same plan outlined in a trust.
Even with careful planning, people may forget to move certain assets into a trust. The pour-over will acts as a safety net so those assets are handled consistently.
It helps keep estate plans organized and aligned with the overall trust strategy.
How Pour-Over Will Works
When someone passes away, the pour-over will directs any remaining assets to the trust.
Example: If a person opened a new bank account but never transferred it into their trust, the pour-over will can instruct the executor to move that account into the trust after death.
Once transferred, the trustee distributes those assets according to the trust’s rules.
Pour-Over Will vs Standard Will
Pour-Over Will → Transfers assets into a trust after death
Standard Will → Distributes assets directly to beneficiaries
Both operate through the probate process.
FAQs About Pour-Over Wills
Does a pour-over will avoid probate?
No. Assets passing through the will typically still go through probate before entering the trust.
Why use a pour-over will with a trust?
It helps ensure all assets eventually follow the trust’s instructions.
Can new assets be added to the trust during life?
Yes. Many people periodically transfer assets into their trust.
Related Terms
