What Is a Pour-Over Will?
A pour-over will is a legal document that moves any assets you forget to place in your trust into the trust after you die. These assets are said to “pour over” into the trust. Essentially, it’s a type of last will and testament that acts as a safety net in an estate plan. This way, all your property ends up being handled under the terms of your trust, even if you forget to move something into it ahead of time.
Without a pour-over will, the court will use default state inheritance laws to decide who gets any assets left out of your trust. This is known as intestate succession. It determines who inherits your assets after you die, potentially not aligning with your wishes. For example, in most states, assets would automatically go to your closest living relatives, like a spouse or children, even if that’s not what you wanted.
Note that a pour-over will is not the same as a testamentary trust. A pour-over will allows forgotten assets to go into an existing trust. On the other hand, a testamentary trust is created within a last will and doesn’t take effect until after your death, providing added protection for minor or vulnerable beneficiaries.
How a Pour-Over Will Works with a Trust
For a pour-over will to work effectively, it should be linked to a trust that’s already in place before your death. After you pass away, the assets in your pour-over will go through probate first. Then, they’re transferred into the trust according to the terms of the will.
Once added, the trust handles how and when those assets are distributed. Most people use a revocable living trust, which allows changes while they’re alive.
How Does a Pour-Over Will Differ From Other Wills?
A pour-over will is different from other types of wills because it is dependent on a trust. If you’re wondering how a pour-over will compares to a living will and other estate planning tools, read our guide to the different types of wills for a simple breakdown.
Pros and Cons of a Pour-Over Will
A pour-over will can make estate planning easier, but it may not be suitable for every situation. Here are some key advantages and disadvantages to consider before drafting one:
Pros of a Pour-Over Will
- Covers Forgotten Assets: If you forget to transfer something into your trust during your lifetime, a pour-over will can ensure that it ends up there after your death.
- Simplifies Your Estate Plan: It keeps all your assets under the same trust instructions, so everything is handled in one place.
- Offers Privacy: After the will moves assets into your trust, those assets are handled privately because trusts aren’t usually public.
Cons of a Pour-Over Will
- Goes Through Probate: Even though it works with a trust, a pour-over will must still pass through probate, which is the court’s process for settling estates. Assets left out of your trust must be reviewed and approved by the court before they can be transferred into the trust. This process can take months and may incur additional fees.
- Doesn’t Work Alone: Pour-over wills only function if a valid trust is already in place before your passing.
Most estates take six to nine months to go through probate, according to the American Bar Association.
How to Complete a Pour-Over Will
Here are the key details you will need to include when completing your pour-over will. You can also use Legal Templates’s free pour-over will template to help you prepare your document.
- Enter Your Legal Name: Add your full legal name so the will clearly identifies you as the testator, who is the person creating the document.
- Select the State: Choose the state where the pour-over will is being signed. This helps ensure that the document complies with your state’s signing rules, such as the number of witnesses required.
- Provide Family Information: Share basic details about your family, including whether you are married and if you have any children. This helps the pour-over will account for your spouse and children, even if they’re not named as beneficiaries.
- Name Your Living Trust: Add the name of your trust and the date it was signed. This allows the pour-over will to direct your remaining assets into the correct trust.
- Choose an Executor: Select someone you trust to carry out your wishes. Your executor oversees the estate and makes sure your instructions are followed. You may name up to two backup executors if the primary one cannot fulfill their assigned role.
- Set Executor Preferences: Decide whether your executor should be paid and whether they must post a bond. A bond is a court requirement in some states to help protect your estate.
- Distribution Preferences: Choose how assets should be handled if your trust is no longer valid or cannot receive property for any reason.
- Add Additional Instructions (Optional): Include pet care instructions, personal notes, or other details you want to include. You may also add a self-proving affidavit, which can help simplify probate in some states.
- Finalize the Will: Review your information and follow your state’s signing rules. Most states require at least two witnesses who are present when you sign the will.
Sample Pour-Over Will
View our sample pour-over will to see how the document is structured and what information it includes. Then, use our guided questionnaire to customize your own pour-over will document and download it as a PDF or Word file.
Example of a Pour-Over Will in Action
Imagine creating a trust and transferring your home, savings, and other assets into it. A year later, you buy a new car but forget to add it to the trust. If you passed away without making this arrangement, the car would usually be handled under your state’s default inheritance rules. This means the court would get to decide who gets the car, not your personal wishes.
A pour-over will protects you in this situation. It includes a general clause that transfers any property you own at the time of your death into your trust, even if the item is not listed by name. As a result, the car will be transferred to your trust after your death and will be distributed according to your wishes. This helps keep your estate plan consistent and prevents any assets from being left out by accident.
