What is a pour-over will?

Updated 2026-10-16 · Expert review in progress

The short answer

A pour-over will is a short will that leaves anything you still own in your own name at death to your living trust. It acts as a safety net for property you never moved into the trust, such as a new account or a car. Property passing under it may still go through probate before it reaches the trust.

You signed a living trust, retitled the house and moved the savings. So why does your lawyer also want you to sign a will? It can feel like paying for the same thing twice.

It isn't. A pour over will does one quiet job: it catches whatever you forgot, or acquired later, and pours it into your trust. This post explains how it works, what it can't do, and how it fits with the rest of your estate planning documents.

What is a pour-over will?

A pour-over will is a will whose main gift goes to the trustee of your living trust. Instead of listing who gets the car and who gets the china, it says, in effect: "anything I still own goes to my trust." The trust then decides who receives it, under the terms you already wrote.

It is still a real will. In Washington, a will must be in writing, signed by you, and attested by two or more competent witnesses (RCW 11.12.020). Other states have their own signing rules.

Like any will, it also names an executor. Washington law calls this person the personal representative (RCW 11.02.005). Often the same person serves as executor and successor trustee, but they don't have to be.

Why do I need a pour-over will if I have a trust?

Because a trust controls only what is actually in it. The Consumer Financial Protection Bureau's guide for trustees puts it plainly: a trustee has authority only over property transferred to the trust (CFPB).

Even careful people leave something out. Common examples:

A bank account opened after the trust was signed.
A car still titled in your own name.
A tax refund or final paycheck that arrives after death.
An inheritance you received late in life.
Jewelry, furniture and the other things in the house.

Without a will, anything left in your own name passes under your state's intestacy rules, to relatives the law picks. Our post on dying without a will explains who that can be. The pour-over will makes sure the leftovers follow your trust instead.

How does it work in Washington?

Washington law expressly allows a will to leave property to the trustee of a separate trust (RCW 11.12.250). The statute sets a few conditions and protections worth knowing:

Rule	What it means for you	Source
The will must identify the trust	The will names your trust, usually by its title and date	RCW 11.12.250
The trust must exist in writing by the time the will is signed	Sign the trust first, or at the same time as the will	RCW 11.12.250
It works even if the trust is revocable or later amended	You can update the trust without redoing the will	RCW 11.12.250
An empty trust is fine	The gift is valid even if little or nothing is in the trust yet	RCW 11.12.250
Revoking the trust cancels the gift	If you expressly revoke the trust before you die, the pour-over gift fails, unless the will says otherwise	RCW 11.12.250

The property that pours over becomes part of your existing trust. It is managed and distributed under the trust's terms, including amendments you made before your death (RCW 11.12.250).

That last row matters. If you ever cancel your trust, look at your will at the same time.

Does a pour-over will avoid probate?

No, and this is the part people miss. Property that passes under a will is probate property. Washington defines a "nonprobate asset" as one that passes at death under something other than your will (RCW 11.02.005).

So anything the pour-over will catches may need to go through probate before it reaches the trust. Our post on how to avoid probate covers the ways to keep that pile small.

When the leftovers are small

Washington has a shortcut for small estates. At least 40 days after a death, a person entitled to the property under the will can collect personal property by affidavit, without a probate case. The value of the whole probate estate, less liens, must not exceed $100,000, and the other conditions in the statute must be met (RCW 11.62.010, RCW 11.62.005).

This applies to personal property, like a bank account or a car, not to real estate. Other states have their own small estate procedures and limits. The best plan is still to fund the trust well, so the pour-over will has little to do.

A checklist for keeping the pour-over will a safety net

A pour-over will works best when it catches crumbs, not the whole loaf. Here is a short list to keep it that way:

Retitle the big things. The house deed and brokerage accounts go into the trust's name.
Check new accounts. When you open one, title it in the trust or add a beneficiary.
Review beneficiary forms. Retirement accounts usually pass by their own beneficiary form, not by the will.
Keep the will and trust in step. If you replace your trust, ask whether the will still points to the right one.
Tell your executor where things are. A simple list of accounts saves weeks.
Name backups. Choose a backup executor and a backup successor trustee. Our post on naming a backup in every role explains why.

Here is a typical case, a composite. Joan funded her trust carefully in 2019, then bought a small car in 2024 and kept it in her own name. When she died, her pour-over will sent the car to her trust, and her niece, the successor trustee, gave it to the neighbor who had walked Joan's dog for years, as the trust said.

How the pour-over will fits with your other documents

The pour-over will and the living trust work as a pair. Our post on what a living trust is explains the trust side, and will vs trust compares the two. If you're weighing the two kinds of trust, see revocable vs irrevocable trusts.

Neither document speaks to medical care. For that you need a medical power of attorney and an advance directive; our post on POLST vs advance directive vs DNR sorts out the medical forms.

Every one of these documents names someone to act. Our guide to the four roles in every estate plan helps you choose them. A Kinly membership includes a will and a revocable trust drafted for your state, and you can name Trella Trust Company as executor or trustee, first or as backup to a person you choose.

Common questions

What happens if I don't have a pour-over will?

Anything left outside your trust, without a beneficiary or joint owner, passes under your state's intestacy rules. That means relatives chosen by law, not by you. A pour-over will sends those leftovers to your trust instead.

Does a pour-over will have to go through probate?

Property passing under it usually does, because it passes under a will. In Washington, a small amount of personal property may be collected by affidavit if the probate estate is $100,000 or less and other conditions are met. Funding your trust well keeps this to a minimum.

Do I need to update my pour-over will when I change my trust?

Usually not. Washington law lets the gift follow your trust even if you amend it after signing the will (RCW 11.12.250). If you revoke the trust or replace it with a new one, review the will at the same time.

Who should be executor of a pour-over will?

Many people name the same person as executor and successor trustee, since the executor's job is mostly to move leftovers into the trust. That person should be organized and willing. Our post on executor vs trustee explains how the two roles differ.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

DocumentsWhat is an advance directive? What to put in yoursAn advance directive puts your medical wishes in writing for a time you can't speak. What it is, what to put in yours, and how to make it count.DocumentsPOLST vs advance directive vs DNR: what each one doesA POLST form, a DNR and an advance directive all guide end-of-life care, but they work differently. Who each is for, who signs, and when you need one.DocumentsEstate planning documents: what you need and what each one doesEstate planning documents in plain words: what a will, trust, power of attorney and health care directive each do, and who has to act on every one of them.The four rolesThe four roles in an estate plan, and who should fill themWho should I name as power of attorney, executor and trustee? A plain guide to the four roles in every estate plan and how to choose who fills each.