Estate
pour-over will
A pour-over will is a will that sends any asset you did not move into your trust into that trust when you die. It acts as a safety net.
A pour-over will is a will that directs any assets left outside your trust to "pour over" into the trust at your death. It works as a safety net for assets you forgot to retitle or acquired late in life. The trust's terms then control who gets them.
An important limit. Assets that pass under a pour-over will usually still go through probate first. The will does not avoid court. It makes sure the property ends up under your trust plan instead of in a default order set by law. The better fix is to fund the trust during life.
A round example. For example, you set up a trust and move your home and accounts into it. Later you receive a $40,000 refund check made out to you personally. The pour-over will sends it into the trust. If it falls under the California small-estate limit, the process may be simple. This is an illustration, not advice.
Why it matters to your plan. A will and trust should work together. Review them after major life changes. See our trust and estate planning page.
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