Updated February 20, 2024
A pour-over will is a legal document that directs any estate property not mentioned in a living trust to be transferred into the trust or to other parties upon the testator’s death.
In most cases, an individual will not include certain items such as vehicles, jewelry, and other personal property in a living trust. Therefore, a pour-over will is a catch-all to make sure all of a person’s property goes to their chosen beneficiaries.
Attaching to a Living Trust
A pour-over will should be attached to a living trust and is recommended to be signed simultaneously.
Probate Process
Unlike a living trust, a pour-over will must undergo the probate process in accordance with State law. The duration of this process depends on each State and is commonly 6 to 9 months.[1]
Sample
[TESTATOR’S NAME]
Effective Date: [DATE]
1. POUR-OVER TRUST. I hereby declare that I have established a Revocable Living Trust, dated [DATE OF TRUST], known as the [NAME OF TRUST] (“Trust”). I direct that any and all of my assets that have not been previously assigned or transferred into the Trust shall, upon my death, pour over and be transferred to the Trust, to be administered and distributed in accordance with the terms and provisions set forth in said Trust.2. TESTATOR. I, [TESTATOR’S NAME], of [TESTATOR’S ADDRESS], being of sound mind and memory, do hereby declare this to be my Last Will and Testament, hereby revoking all wills and codicils previously made by me.
3. DECLARATION. I make the following declarations at the time of writing this Will:
a.) Marital Status. (check one)
☐ – Not Married.
☐ – Married. My spouse’s name is: [SPOUSE’S NAME]
b.) Children. (check one)
☐ – Not Children.
☐ – Have Children. Whose names are: [CHILDRENS NAMES]
4. EXECUTOR. I appoint [EXECUTOR’S NAME] of [EXECUTOR’S ADDRESS] as the Executor of my Will (“Executor”). Should the Executor be unable or unwilling to serve, I appoint [2ND EXECUTOR’S NAME] of [2ND EXECUTOR’S ADDRESS] as the Executor of my Will.
a.) Executor Powers. The Executor shall have all powers provided by law, including but not limited to the power to sell, lease, or distribute my assets.
5. GUARDIAN. If I am to be the parent or legal guardian of minor children at the time of my death, I appoint [GUARDIAN’S NAME] of [GUARDIAN’S ADDRESS] (“Guardian”) as the Guardian of said minor children. If the Guardian is unable or unwilling to serve, I appoint [2ND GUARDIAN’S NAME] of [2ND GUARDIAN’S ADDRESS] as the Guardian.
6. DIGITAL ASSETS. I grant my Executor full power and authority to access, handle, distribute, and dispose of my digital assets, including but not limited to social media accounts, emails, digital files, and any accounts made on electronic devices or on web servers.
7. EXECUTION. This Will is signed on [DATE] at [CITY, STATE], by the Testator in the presence of the following witnesses, who witnessed and subscribed to this Will at my request and in the presence of each other.
Testator’s Signature: _________________________
Print Name: _________________________
Address: __________________________________________________
Witness #1 Signature: _________________________
Print Name: _________________________
Address: __________________________________________________
Witness #2 Signature: _________________________
Print Name: _________________________
Address: __________________________________________________