Guide
The pour-over will
The safety net that catches anything the trust missed, and where guardians are nominated.
Weighing a will against a living trust? See the will vs trust comparison for probate, privacy, control, cost and which fits your situation.
Why you still need a will
Even careful people forget an account, inherit something late in life, or receive a settlement after signing their trust. A pour-over will directs any property still in your own name at death into your trust, so it is ultimately distributed by the same set of instructions.
The will is also the only place a court will look for two things: your nomination of a personal representative (executor) and your nomination of guardians for minor children.
How the two documents work together
Think of the trust as the instruction book and the will as the sweeper. Property already titled in the trust never touches probate. Property left outside it is collected by your personal representative, goes through an abbreviated probate, and is then poured into the trust and distributed under its terms.
