What Is a Pour-Over Will and How Does It Work?

Gabriel Katzner - January 3, 2025 - Wills
What Is a Pour-Over Will and How Does It Work?

A Last Will and Testament and a trust are key legal instruments used as part of a comprehensive estate plan to pass accounts and property from a deceased person to their heirs. A pour-over will is a specialized will designed to ensure that any assets or accounts not funded into a trust are transferred or “poured over” into the trust upon a trust creator’s (grantor’s) death. A pour-over will acts as a safety net to ensure that all a grantor’s assets are ultimately distributed according to the trust instructions.

What is a revocable living trust?

A grantor or the creator of a revocable living trust creates the trust during their lifetime. They will typically designate a trustee to carry out the trust instructions upon the grantor’s death. A grantor can revoke a living trust at any time. They can also make changes to the trust instructions as long as they are mentally competent to do so.

A grantor will fund the trust with real estate deeds, bank accounts, investment accounts, personal property, life insurance policies, business interests, and other assets. The assets are managed by the grantor (acting as trustee) throughout their lifetime and by a designated successor trustee upon the grantor’s death.

Since a trust is a separate legal entity, any assets in the trust can be passed directly to the grantor’s heirs and bypass the probate process. The trust instructions determine how assets in the trust are distributed. If the grantor neglects to transfer an asset into the trust or forgets to name a beneficiary, instructions in a pour-over will can be used to transfer the assets to the trust.

What is a pour-over will?

The grantor creates a pour-over will, naming the trust as the beneficiary. A pour-over will ensures that any assets from an estate not already placed in a trust will be transferred into it upon the individual’s death. No matter how carefully a person monitors their accounts and property, invariably, something will get missed. Upon the grantor’s death, any remaining assets outside the trust will be transferred into it through the pour-over will.

However, unlike assets already in the trust, these assets must go through the probate process before they can be transferred.

The probate court will validate the will, supervise the executor as they pay all debts and taxes, and then transfer the assets into the trust.

Once all the assets are transferred into the trust, they are managed and distributed according to the trust instructions.

What are the potential benefits of using a pour-over will?

Most people begin their estate planning process by writing a Last Will and Testament. This document allows them to name an executor to manage their estate and provides an opportunity to name a guardian for any minor children.

Over time, especially as people accumulate more assets and wealth, they may find that a revocable living trust is a better option for passing their assets to their loved ones. A revocable living trust offers a way to avoid the probate process and helps ensure the family’s privacy.

Since a trust is a separate legal entity, the grantor must retitle all of their assets in the trust’s name and transfer them into the trust’s ownership.

A pour-over will helps simplify the estate plan because all assets end up in the trust and are distributed according to the trust instructions. The trustee can handle the entire process of distributing trust assets without waiting for instructions from the probate court.

What are the potential drawbacks of a pour-over will?

Unlike assets already titled in the trust’s name, assets transferred to the trust using a pour-over will still need to go through the probate process. This extra step takes time, is public, and can be more costly. It can also increase the risk of misunderstandings about the grantor’s intentions.

Another potential drawback is that state laws vary in how pour-over wills and trusts are handled. Consult with your Katzner Law Group estate planning attorney for more information.

What are the steps in using a pour-over will?

Your estate planning attorney can help you work through the following steps:

  1. Create a trust: Whether you prefer a revocable living trust or an irrevocable trust that is active throughout your lifetime, the first step is to create a trust to hold your assets until they can be distributed to your beneficiaries.
  2. Create a pour-over will: This document will ensure that assets that were not funded into the trust can be moved into it after they pass through probate.
  3. Asset transfer: Probate will handle the transfer of assets not explicitly owned by the trust into it.
  4. Asset distribution: Once all your assets are funded into your trust, your trustee will distribute them to your beneficiaries using the instructions in your trust document.

Incorporating a pour-over will into your plans can help ensure a seamless transfer of your assets to your loved ones. It makes it possible to minimize the legal steps that may occur when a couple transfers assets to the next generation, or an estate is complex.

Your Katzner Law Group estate planning attorney can help you consider all your estate planning options and develop a plan that meets your needs. We have extensive experience in the creation and management of trusts.

Gabriel Katzner

In 2002, Gabriel Katzner, the founding partner of Katzner Law Group received his Juris Doctorate with honors from the Fordham University School of Law. After spending the first 7 years of his legal career
practicing at Cahill Gordon & Reindel LLP, an international law firm based in New York, he went on to found his own firm.

Gabriel Katzner has a track record, along with a vast number of outstanding public reviews across platforms, of working hard on behalf of individuals who need assistance with comprehensive
estate planning services. Finding a lawyer who is knowledgeable about revocable and irrevocable trust planning, guardianship for minor children, asset protection, trust administration and probate,
as well as Medi-Cal / Medicaid planning is extremely important.

Years of experience: More than 17 years
Locations: New York, NY / San Diego, CA



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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. Furthermore, it has received approval from attorney Gabriel Katzner, an experienced estate planning lawyer with over 17 years of legal expertise.

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