A pour-over will protects assets accidentally left out of a trust.
When most people hear the term “pour-over,” they envision a method of coffee preparation.
Gretchen and I just returned from visiting our eldest daughter and her family in Georgia, and this is the coffee prep method they use.
Ah, delicious.
Although you can still get a good cup of coffee when made using a variety of methods (e.g., I use a small footprint Keurig), an estate plan built around a living trust can "break bad" without a pour-over will.
When those with living trusts in their estate plans forget to retitle assets to the trust, the distribution of those assets will be governed by probate rather than the trust's terms, absent a pour-over will.
As a result, administering the estate can become far more complicated, and distributions may not be as intended.
Yikes!
While a pour-over coffee is one of many coffee-making options, a pour-over will is required to make a successful revocable living trust.
This estate planning instrument designates your trust as the beneficiary of your probate estate.
When assets are forgotten or are left out due to a lack of time to transfer them before you die, the trustee will be able to gather those assets into the trust.
Pour-over wills allow for the trust to singularly control the who, when, and how of inheritances.
If you have a revocable living trust-based estate plan, you should also have a pour-over will.
This tool is beneficial when you expect new inheritances or accounts to be left to you, or when you hold property in multiple locations.
It is also helpful when you have arranged for a trustee to implement spendthrift protections, manage funds for minors, and stage distributions.
You also need a pour-over will to nominate guardians (i.e., back-up parents) for any minor children should they ever be orphaned.
When assets are titled in your name, these assets will likely still have to go through probate before entering the trust.
A pour-over will, like a regular last will and testament that has its own dispositive provisions, does not itself control beneficiary designations on your retirement accounts or life insurance policies.
If you have made planning errors with out-of-state property, you may require additional planning beyond a pour-over will to correct them.
Coordinate Documents
Pour-over wills must correctly identify the living trusts by name and date.
Storing, reviewing, and updating trusts and pour-over wills together will ensure they can serve their purposes when the time comes.
Fund the Trust During Life
Although a pour-over will is a safety net, you should still prioritize retitling essential assets to your trust while you are alive.
Any payable-on-death or transfer-on-death designations should align with your comprehensive estate planning.
Name the Right Fiduciaries
Your executor should be able to take prompt action for your estate, as is likely also your trustee.
Your trustee should understand the terms of the trust you created.
Because your first choices for these roles may not be available when the time comes to administer your estate, you should select alternates as well.
Comprehensive estate planning requires that all beneficiary designations align with the trust plan.
When your trust includes special needs or tax planning provisions, you should verify that your pour-over will include the assets you need to pass through these elements of the trust.
By keeping a list of assets and their locations, you can support prompt action by your executor and trustee.
Pour-over wills gather orphaned assets and direct them to the governance of the living trust.
Pour-over wills are necessary in a revocable living trust-based estate plan to nominate guardians for potentially "orphaned" minor children.
Because pour-over wills are limited, you should still prioritize funding your trust while you are alive.
Estate planning requires proper legal paperwork for the trust, pour-over will, and all assets with beneficiary designations.
Selecting executors and trustees capable of the roles will promote a more efficient and effective estate settlement.
This post is for informational purposes only and does not provide legal advice. You should consult an attorney for advice on any specific issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.
Reference: NerdWallet (Sep. 16, 2025) “What Is a Pour-Over Will and How Does It Work?”
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