What is a pour over will?

A pour over will is a special type of will used in probate law in Washington. It is used when a person dies with assets (money, property, investments, etc.) that were not put into their will. In this situation, the pour over will “pours” the property into a trust after the person dies. This is done so the property can be distributed according to the deceased person’s wishes as written in their will. The pour over will works like a safety net, ensuring that all the property of the deceased person is accounted for, even property that the person forgot to include in their will. It also helps avoid costly probate proceedings, since the property is already in the trust. In Washington, pour over wills are usually used in conjunction with a revocable living trust. This type of trust is set up while the person is still alive and allows them to manage their assets on their own terms. After the person passes, the property that was included in the trust is distributed according to the terms of the trust—it does not need to go through probate proceedings. The pour over will “pours” any property that was not transferred to the trust into the trust upon the person’s death, so it can be distributed according to the wishes of the deceased.

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