What Is a Pour-Over Will in Real Estate?

A pour-over will is a legal document that transfers any assets not already titled in a living trust into that trust upon the property owner's death. It acts as a safety net to ensure real estate and other assets are eventually managed according to the trust’s terms.

Pour-Over Will: Simple Definition

A pour-over will is a backup estate planning tool that directs any remaining property—including real estate—into a living trust after death. If assets were not properly transferred into the trust during life, the pour-over will “catches” them and moves them into the trust through probate.

Why Pour-Over Wills Are Used in Real Estate

Property owners use pour-over wills to:

  • Ensure all property ends up in the living trust, even if not transferred before death.
  • Simplify estate administration by consolidating assets into a single trust.
  • Maintain privacy, since trust distribution is private even though the will must go through probate.
  • Avoid accidental disinheritance caused by assets left outside the trust.
  • Create a smooth path for real estate transfers to beneficiaries.

How a Pour-Over Will Works with Real Estate

When a person with a living trust dies, their pour-over will directs any remaining property—especially real estate—into the trust. This process generally includes:

  • Identifying real estate not yet titled in the trust
  • Submitting the pour-over will to probate court
  • Transferring the property to the trust after probate approval
  • Allowing the successor trustee to distribute or manage the property

The pour-over will ensures that all real estate is ultimately governed by the trust, even if paperwork was incomplete before death.

Does a Pour-Over Will Avoid Probate?

No — a pour-over will does not avoid probate.

Because the will must be validated by the court before assets can be transferred into the trust, real estate passing through a pour-over will is subject to probate procedures. Only assets already titled in the trust avoid probate.

Pour-Over Wills vs. Traditional Wills

A pour-over will differs from a traditional will in several ways:

  • Pour-Over Will: Sends all remaining assets into a living trust.
  • Traditional Will: Distributes property directly to named beneficiaries.
  • Living Trust: Avoids probate for assets already titled in the trust.
  • Intestate Succession: Applies when no valid will exists.

A pour-over will works best when paired with an existing living trust.

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