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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.

over will is an invaluable document for anyone who has created a living trust as part of their estate plan. It's a specialized last will and testament, designed to catch assets that have not been retitled or transferred into your living trust, “pouring” them into the trust upon your death.

A standard will directly distributes your assets to named beneficiaries and is entirely subject to the probate process, making it a public record. In contrast, a Pour-Over Will transfers your assets into a trust upon death, offering a more private and potentially streamlined estate management process.

How do you write a pour-over will? Set up a living trust. Before you can make a pour-over will, you first need to create a living trust. Name your trustee as the beneficiary in your pour-over will. Name a will executor. Consider your other estate-planning needs.

over will can help the family and beneficiaries of the testator's will avoid probate on nontrust assets by transferring them into the trust's care after the testator dies. If the value of the pourover assets does not exceed California's statutory limits for trust funds, the assets will not move into 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.

You should include language in your Pour Over Will that clearly states: any assets or property that are not in the Trust at the time of death, and that do not have a named beneficiary, should be transferred to the Trust after you pass.

The key difference between the two is that a traditional last will controls the distribution of gifts made upon a person's death, whereas a pour over will simply “pours over” or funds untitled assets into a trust. That trust in turn manages most, if not all, of the gift distributions.

I give all of my probate estate, after expenses and taxes are for under this Last Will and Testament, to the then-acting Trustee of the Trust Name, dated Trust Date, and any amendments thereto (the “Trust”), executed before this Last Will and Testament, to be added to the property of that trust.