Unlike what most people imagine, you don’t have to choose between a will and a trust when planning for your estate. In fact, many effective estate plans include both documents working together. One essential type of will commonly used with a trust is called a pour-over will.

If you have (or are thinking of creating) a trust-based estate plan, a pour-over will is the safety net that catches anything that may fall through the cracks. In this post, we’ll define what a pour-over will is, explore how it works, and explain why it can make your estate plan stronger and more complete.

What Is a Pour-Over Will?

A pour-over will is a type of last will and testament that you can create alongside a revocable living trust. Upon your death as the trust’s grantor or creator, this document catches any assets that were not transferred into your trust and “pours” these into it.

Why Is This Step Important?

Because if these assets are not included in your trust and you don’t have a will, they are treated as if you died intestate. This means the probate court will decide how these assets are managed and distributed, and this decision might not align with your intentions.

While all assets not included in the trust still need to go through probate to be transferred, having a pour-over will ensure that these assets are transferred into the trust. This generally makes the probate process simple and faster.

So, in simple terms:

Your trust holds most of your property during your lifetime.

Your pour-over will catches any property that wasn’t placed in the trust and transfers it there after death.

With both documents in place, all your assets, whether already in the trust or not, will end up in the same place: in the trust where they can be managed and distributed according to your instructions.

Do You Need a Pour-Over Will?

A trust is one of the most powerful tools in estate planning, but even a well-drafted trust benefits from the additional support of a pour-over will. No matter how careful or organized you are, life happens, and it’s easy to forget to retitle an asset or transfer it to your trust.

Maybe you bought a new home, opened a new bank account, or received an inheritance, but never got the chance to transfer them into the trust. A pour-over will acts as your back-up in situations like these.

Here’s Why You Might Need a Pour-Over Will:

To complete your trust plan. A trust becomes more effective and comprehensive with a pour-over will. If you have a diverse asset portfolio or expect to acquire more in the future, a pour-over will helps ensure everything stays coordinated.
To simplify asset administration. When you create a trust, all the assets you transfer to it will be subject to a single set of rules. With a pour-over will, you ensure that all your remaining assets are also subject to these rules, streamlining asset administration.
To protect your privacy. Assets held in trust avoid the public probate process, the proceedings of which become part of public records. While a pour-over will does not prevent the excluded assets from undergoing probate, the distribution of these will still happen privately.
For peace of mind. A pour-over will adds an extra layer of protection. With a pour-over will, you get peace of mind that, even if you forget to transfer something or pass away before completing the process, your assets will still be distributed according to your trust’s terms.

A Pour-Over Will in Action

Here’s a commonly occurring example showing how a pour-over will works in practice:

Lily, a single parent, created a revocable living trust naming her two children as beneficiaries. She transferred her home, investment accounts, and main checking account into the trust, and also created a pour-over will.

A few years later, she opened a new savings account but forgot to put it in the trust’s name. When her mother passed away, Lily inherited a lake house and part of their family business. Sadly, she died a few months later without transferring those assets into her trust.

Lily’s executor filed her pour-over will with the probate court. The court determined that, per her will, all assets under Lily’s name, including the savings account and her inheritance, should be transferred into her trust. Once collected, Lily’s trustee distributed her assets according to her wishes.

Without the pour-over will, those excluded assets could have been delayed in probate or distributed differently under state intestacy laws.

Pour-Over Will vs. Traditional Will

So, if a pour-over will is still a will, why not just create a traditional one? The main difference lies in what each document does.

A traditional will is a document that directly names your beneficiaries and dictates who gets your assets. A pour-over will is not intended to distribute assets directly, but to funnel them into your trust. Once in the trust, your trust terms control the “who gets what” part.

In other words, a pour-over will gives you more flexibility and control, especially if your trust includes special provisions such as:

Staggered distribution for young beneficiaries
Asset protection for heirs
Tax-efficient gifting strategies

Pour-Over Will FAQs

Q: Do I need a pour-over will if I already have a trust?

A: Yes. Even if you’ve transferred most assets to your trust, a pour-over will ensures that anything you forget or acquire later is still covered by your estate plan.

Q: Can I have a pour-over will without a trust?

A: Not really. A pour-over will must have a trust to “pour” assets into. Without a trust, it functions as a traditional will.

Q: Does a pour-over will go into probate?

A: Yes, but typically the process is simpler and faster than with a traditional will. On average, probate for pour-over wills can take several months, but tends to be less complex since all assets are consolidated into the trust afterward.

Q: Is a pour-over will public?

A: Yes, but the terms of the trust remain private. Once the will is filed in probate court, it becomes public record, but the trust’s details and distribution instructions stay confidential.

Q: Who handles the pour-over process?

A: The executor named in your pour-over will files it for probate. Once the assets are transferred into the trust, your trustee manages them. In many cases, the same person serves as both executor and trustee for simplicity.

Q: Can a pour-over will work with an irrevocable trust?

A: Not usually, unless specifically permitted. Since you no longer own or control the assets in an irrevocable trust, a pour-over will generally cannot add new assets to it. However, with careful drafting and legal guidance, you can set up your trust to allow this in specific situations.

Perfect Pour-Over Will with Rilus Law

Estate planning tools work best when they're designed to complement each other and your unique situation. If you still have questions about how a pour-over will fits into your estate plan, Rilus Law can help. With our team’s expert support, you can create the perfect pour-over will that not only reinforces your trust but also ensures a smoother process for your loved ones

Start building your complete trust-based estate plan today. Schedule your free consultation with Rilus Law here.

What Is a Pour-Over Will and Do You Need One?