Definition
A "pour-over will" in real estate and estate planning is a backup will that directs any assets not already transferred into a living trust to be "poured over" into that trust when the owner dies. It ensures overlooked, newly acquired, or improperly retitled assets end up governed by the trust’s terms so the estate is administered consistently.
How it works
- Create a revocable living trust and, during life, transfer (retitle) most assets into that trust.
- If assets remain outside the trust at death, the pour-over will names the trust as the beneficiary or recipient of those leftover assets.
- The assets covered by the pour-over will must go through probate so a court can validate the will and authorize transfer into the trust.
- After probate, the trustee takes custody of the poured-over assets and administers them according to the trust’s instructions, keeping the estate unified under one plan.
Real-world examples
- Forgotten pension account: Betty moved most holdings into her trust but overlooked an old pension. The pour-over will directed that pension into the trust so her husband and sister received the full estate as intended.
- Life insurance proceeds not designated: Charlie failed to name a beneficiary on a major policy; the proceeds became part of his estate and, via the pour-over will, were transferred into his trust for distribution under its terms.
- Late acquisitions or untitled property: Rob bought a car and opened a bank account shortly before death and didn’t retitle them. The pour-over will sent those assets through probate and then into his trust so his family received everything in one consolidated plan.
Benefits
- Prevents assets from falling outside your estate plan.
- Keeps administration organized and consistent by consolidating assets under the trust.
- Reduces the risk of beneficiary disputes by following one set of instructions.
- Provides a safety net for assets acquired late or mistakenly left out of the trust.
Important note about probate
Unlike assets already titled in a trust, any property covered by a pour-over will must pass through probate before it can be transferred into the trust. While that means probate cannot be entirely avoided for those items, the pour-over will still helps unify the decedent’s estate under the trust’s terms after probate is complete. For basic information on probate, see probate. To learn more about the trust itself, see living trust.
Who should consider a pour-over will?
Anyone using a revocable living trust should consider a pour-over will as part of a comprehensive estate plan. It’s especially useful for people who may acquire assets late in life, who want a single unified plan for distribution, or who want a safety net for assets that might be unintentionally omitted from the trust.
Summary
A pour-over will complements a living trust by capturing any assets not placed into the trust during life and directing them into the trust after death. Although those assets will undergo probate first, the pour-over will helps ensure the decedent’s wishes are carried out under one central document and reduces the chance that assets will fall outside the intended estate plan.
