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A Pour Over Will is just a type of Will you create that will allow for assets to automatically transfer to a previously set-up Living Trust. It's useful for those smaller assets that you may have forgotten, or for those you chose to not put into your Trust for any number of reasons.

Maryland law requires that your will be in writing, signed by the testator (you) and witnessed by two individuals in the testator's presence. This is called "executing a will." When you are ready to execute your will, you should have at least two witnesses, although three is better.

In Maryland, a valid will must be (1) in writing, (2) signed, and (3) attested and signed by two credible witnesses. It may be handwritten or typed and any two adults can be witnesses. A will does not require a notary, though a notary can be a witness. Electronic, oral, and video wills are not valid in Maryland.

The main disadvantage of using a pour-over will in conjunction with a living trust is that assets captured by the will must go through the standard probate process. It is advantageous to transfer as many assets as possible into your living trust so they can avoid probate.

The main difference is in scope. A standard will is intended to account for the entirety of the deceased's estate. They provide instructions for distributing all assets. By comparison, a pour-over will only gives instruction for handling assets not included in the standard will.

If you die without a will in Maryland, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married and whether your children are minors.

A “Living” or Revocable Trust A revocable living trust is a common method many people use to avoid probate in Maryland and in other states. The “living” part means that it needs to be established while you are alive and that you have control over your assets during your life.

The average duration of the probate process for a regular-sized estate can take anywhere from a minimum of nine months to a year plus to complete. A “regular estate” is an estate in which the assets are valued at $50,000 or more (or $100,000 or more, if the surviving spouse is the sole heir).

Once the individual passes away, the estate administration process begins. The type of probate proceedings available in Maryland depends on the facts of the case. Generally, if an individual dies with assets in his or her sole name, probate will be required.