Will / pour-over will
A will is still important—even when a trust is part of the plan.
A will records important directions for after you die. A pour-over will works alongside a trust to give property left outside the trust somewhere to go.
The distinction matters
A will, a pour-over will, and a trust do different jobs.
- 01
A will
Says who should receive property in your name, who should handle your estate, and—where appropriate—who you want as guardian for minor children.
- 02
A pour-over will
Is a will written to direct certain property into a revocable living trust after death, so the trust’s instructions can govern that property.
- 03
A funded trust
Holds property during your lifetime. Property properly held by the trust may be handled under its terms without first going through probate.
The practical point
A pour-over will is a backstop, not a bypass.
Life changes. You might open a new account, buy property, or simply forget to transfer something to your trust. A pour-over will can direct qualifying property into the trust after you die so it is handled under the same overall instructions.
It does not make funding optional. Property left outside the trust may still need to go through probate first.
What a will can address
Some decisions belong on the record.
A will can name the person you want to manage your estate and describe how property should pass. It is also often where parents nominate a guardian for minor children.
Those choices are worth considering even if a trust holds most of your property. A trust and will are usually strongest when they are written to work together, rather than compete with each other.
Related planning
See how the pieces fit together.
Questions people ask
The details are what make a backstop useful.
Does a pour-over will keep every asset out of probate?
No. Assets that were not transferred to a trust may still need to go through probate before they can be directed into it. That is why keeping a trust funded matters.
Do I need a will if I have a trust?
Often, yes. A will can address matters that are not handled by the trust and can provide a backstop for property left outside it. The right setup depends on your plan.
Can a will name a guardian for my children?
A will is commonly used to express a parent’s guardian nomination for minor children. A court ultimately makes the appointment based on the child’s best interests.
Your next step
Not sure where a will fits in your plan?
Start with the property you own, the people you would trust to act, and the responsibilities you do not want to leave unclear.