What is a pour over will?

A pour over will is a type of estate planning document used in California. It transfers assets from the deceased person’s estate into a living trust. This type of will works in conjunction with the living trust, which is created before the person passes away. A pour over will is written to complement the living trust. It ensures that any assets that were not transferred into the trust before the person’s death are “poured over” or transferred into the trust after death. This way, all assets are accounted for and managed according to the trust document. The pour over will is important because it covers assets that may not have been included in the living trust when the person passed away. These assets can include a retirement account that was not listed in the trust or an inheritance from a relative. It also serves as a reminder to the executor of the deceased’s estate of the need to manage these assets according to the terms of the trust. In California, any part of the estate that is not transferred through the pour over will is subject to probate. This means that the executor of the estate must take the property through the probate process to ensure that it is distributed according to the will or living trust. This procedure is time-consuming and can be costly, so it is important to have a pour over will in place.

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What is a pour over will?

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