In estate planning, a pour-over will complements a revocable living trust. It directs assets not transferred to the trust during your life into the trust when you die. This tool acts as a safeguard to maintain the structure of your estate plan.
How pour-over wills function
A pour-over will transfers any assets you didn’t place into your trust during your lifetime into that trust after your death. This process ensures you don’t unintentionally exclude property from your estate plan. Without this will, assets outside your trust follow intestate succession or go through a separate probate process.
This type of will centralizes estate administration, promotes consistency, and reduces confusion about your intent. While it doesn’t eliminate probate, it simplifies administration by directing everything into one distribution framework.
Relevance under California law
California law allows you to use a pour-over will with a revocable trust. Because probate often takes time and costs money, this strategy helps you limit how much of your estate passes through the court. When you pair a pour-over will with a fully funded trust, you streamline estate management.
The probate court transfers your non-trust assets into your trust and applies your trust’s terms to distribute them. This action helps your estate plan stay intact and consistent.
Key drafting considerations
When you draft a pour-over will, name an executor to manage any assets outside your trust. Identify the associated trust clearly and use consistent names and terms between your documents.
Review and update your estate plan regularly. If you acquire new assets and don’t transfer them into your trust, the pour-over will ensures they still end up in the trust. Keeping everything current ensures your estate plan works as you intended.
