Pour Over Wills 101

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Creating a pour over will is an essential part of estate planning and ensuring that your wishes are honored and your assets properly taken care of once you pass away. This blog post will explain why pour over wills matter, how they can help secure your financial future, and provide step-by-step guidance on how to access the Genie AI community template library.
A pour over will is a document that transfers any assets which have not already been transferred to a trust or other designated recipient into the trust upon the death of the testator. This ensures all assets are accounted for and safeguarded according to the wishes of the testator. When creating a pour over will, it is important for all assets such as real estate, bank accounts, investments and other financial accounts to be accounted for; along with designating a trustee and beneficiaries in addition to specific instructions regarding asset distribution.
The advantages of creating a pour over will are numerous - firstly they guarantee that your wishes are carried out after you pass away; secondly they can help avoid probate - when no will exists assets become subject to probate: an often lengthy, expensive process that ties up assets in court proceedings for months or even years; thirdly, any tax liabilities can be minimized by assigning appropriate beneficiaries in the will who then work with trustees on asset distribution in order to achieve this goal.
The Genie AI team is committed to providing free templates allowing anyone to draft and customize high quality legal documents without requiring a lawyer or expert advice. By accessing our template library today you can benefit from our millions of data points teaching Genie’s AI what a market-standard pour over will looks like and make sure all bases are covered when drafting yours! Read on below for more step-by-step guidance and information on how you access our template library today without needing an account with us!

Definitions (feel free to skip)

Testator: A person who creates a will.
Beneficiaries: People who are named in a will to receive the deceased person’s assets.
Executor: A person responsible for carrying out the instructions of a will.
Revocable: Refers to a trust that can be changed or revoked by the person who created it.
Irrevocable: Refers to a trust that cannot be changed or revoked by the person who created it.
Assets: Property or items of value owned by a person.

Contents

• What is a Pour Over Will?
• Why is a Pour Over Will Necessary?
• How Does a Pour Over Will Work?
• What are the Benefits of a Pour Over Will?
• What Assets Should be Included in a Pour Over Will?
• Who Should Prepare a Pour Over Will?
• Determine the laws in your state
• Identify the testator
• Describe the beneficiaries
• Determine the executor
• Draft the document
• Sign the document
• Have the document witnessed
• What are the Steps for Creating a Pour Over Will?
• Gather information about the testator, beneficiaries, and assets
• Choose an executor
• Draft the document
• Have the document signed and witnessed
• File the document with the court
• What are the Potential Issues with a Pour Over Will?
• Outdated language
• Lack of clarity in instructions
• Beneficiary not properly identified
• Unclear executor instructions
• What Happens if I Don’t Have a Pour Over Will?
• The assets will be distributed according to state law
• Beneficiaries may not receive what they were intended to receive
• The process will take longer and be more costly

Get started

What is a Pour Over Will?

• A pour over will is a document that serves as an estate planning tool.
• It is used to direct any remaining assets to a trust after the will-maker passes away.
• This ensures that all assets are included in the trust and distributed according to the will-maker’s wishes after their death.
• Upon completion of this step, you should have a better understanding of what a pour over will is and what it can do for you.

Why is a Pour Over Will Necessary?

• A Pour Over Will is necessary to ensure that any assets not included in a revocable living trust are transferred to the trust upon the testator’s death.
• A Pour Over Will helps to prevent the assets from passing through the state’s laws of intestacy, which may delay or impede the transfer process.
• It is important to understand why a Pour Over Will is necessary to ensure that all assets are properly transferred to the trust upon the testator’s death.

Once you understand why a Pour Over Will is necessary, you can check this step off your list and move on to the next step.

How Does a Pour Over Will Work?

• A pour over will is a type of will that is used in conjunction with a trust, or in place of a trust.
• The will “pours over” all assets to the trust, meaning all assets that are owned at the time of the testator’s death are distributed to the trust.
• The trust is then responsible for distributing the assets to the beneficiaries as stated in the trust.
• This type of will is used to ensure that all assets are distributed according to the wishes of the testator.

You can check this off your list and move on to the next step when you understand the basics of how a pour over will works and how it is used in conjunction with a trust.

What are the Benefits of a Pour Over Will?

• A pour over will helps ensure that all of your assets are accounted for and distributed according to your wishes.
• It is an easy and cost-effective way to ensure that all of your assets are included in your estate plan.
• It can help avoid probate by transferring any assets that were not previously included in your trust to your trust upon your death.
• It provides greater control over the distribution of your assets and can help mitigate potential disputes over your estate.

You can check this off your list when you have a comprehensive understanding of the benefits of a pour over will.

What Assets Should be Included in a Pour Over Will?

• Include all assets that you own or have recently acquired
• Be sure to include any real estate, vehicles, investments, and other tangible items that you own
• Include any digital assets, such as digital currency or online accounts, as part of your pour over will
• Make sure to include any collectibles or heirlooms that you want to pass on to your loved ones

Once you have included all of your assets in your pour over will, you can be confident that your wishes will be carried out upon your death.

Who Should Prepare a Pour Over Will?

• You should consider preparing a pour over will if you have an existing trust, or if you plan to create a trust.
• If you have an existing trust, a pour over will ensures that any assets in your name will ultimately be transferred to the trust.
• If you plan to create a trust, a pour over will will catch any assets that you may have acquired after you create the trust, but before you transfer them to the trust.
• You should consult with an attorney to determine if a pour over will is an appropriate estate planning document for you.
• When you have consulted with an attorney and determined if a pour over will is right for you, you can check this step off your list and move on to the next step.

Determine the laws in your state

• Research the laws in your state related to pour over wills and estate planning
• Check with a local attorney or government agency to confirm the laws in your state
• Make sure you understand the laws in your state before proceeding with preparing a pour over will
• Once you have a good understanding of the laws and regulations in your state, you can check this step off your list and move on to the next step.

Identify the testator

• Gather any existing wills of the testator
• Obtain an official death certificate of the testator
• Use the death certificate to confirm the identity of the testator
• Once identity is confirmed, you can move on to the next step of describing the beneficiaries.

Describe the beneficiaries

• Identify who the testator wants to benefit from their will
• Consider the legal relationship between the testator and the beneficiaries
• Determine if the beneficiaries are related, such as a spouse or children, or if they are unrelated, such as a charity or friend
• Ensure that all beneficiaries are over the age of 18
• List the beneficiaries in the will, including their name and relationship to the testator
• Once all beneficiaries are listed and accounted for, you can move on to the next step of determining the executor.

Determine the executor

• Consult with the testator (the person writing the will) to determine who they want to appoint as their executor
• Consider the executor’s qualifications, such as trustworthiness, availability, and willingness to serve
• Consider the executor’s abilities, such as handling financial and legal matters
• Discuss the responsibilities of the executor with the testator and ensure they are comfortable with the choice
• Once the testator has identified an executor, you can make a note in the document or write it in the will

You will know you have completed this step when the testator has identified an executor and you have written it into the will.

Draft the document

• Understand what needs to be included in the will, such as the executor’s name and contact information, the beneficiaries and their contact information, instructions for distributing the estate, and any other instructions you may have.
• Draft the document with the appropriate information and legal jargon. Make sure that all of the necessary details are included.
• Have a lawyer review the document to ensure it is legally binding.
• Once the document is finalized, you can check this step off your list and move on to signing the document.

Sign the document

• Make sure you have witnesses present when you sign the document.
• Sign the document in the presence of two witnesses, and have them sign as well.
• Make sure to include the date of signature on the document.
• Once the document is signed and witnessed, you can check this step off your list and move on to the next step.

Have the document witnessed

• Make sure that the document is signed and dated by the testator.
• Have two witnesses who are not related to the testator sign and date the document in their presence.
• Both witnesses must sign and date the document and both witnesses must be present at the same time.
• If a witness is related to the testator, they must not benefit from the will.
• You will know that this step is complete once the document has been signed and dated by two witnesses who are not related to the testator.

What are the Steps for Creating a Pour Over Will?

• Have the document notarized or witnessed by two or more individuals
• Ensure that all witnesses are over the age of 18 and are not beneficiaries of the will
• Verify that the testator has signed the document in the presence of all witnesses
• Make sure all witnesses have also signed the document
• When all individuals have signed the document, you can check this step off your list and move on to gathering information about the testator, beneficiaries, and assets.

Gather information about the testator, beneficiaries, and assets

• Make a list of the testator’s assets, including any real estate, investments, bank accounts, personal property, and anything else of value.
• Gather records of the testator’s debts, including any mortgages, credit cards, loans, and other liabilities.
• Make a list of the testator’s beneficiaries, including their full names and contact information.
• Make a list of any organizations, charities, or causes that the testator may wish to leave a donation to.

Once you have gathered all the information on the testator, beneficiaries, and assets, you can check this step off your list and move on to the next step of choosing an executor.

Choose an executor

• Choose a responsible, trustworthy person to act as the executor of the will
• The executor should be an adult, and should be aware of their duties and responsibilities
• Consider the testator’s wishes when selecting an executor
• Make sure the executor is able to handle the administrative tasks of the will, such as filing legal paperwork, paying debts, and distributing assets
• The executor should be willing to take on the role, as it can be time consuming and emotionally taxing

When you can check this off your list:

• You know you have chosen an executor when you have selected a responsible and trustworthy adult who is willing to take on the duties and responsibilities of the role.

Draft the document

• Choose the form of the will that is appropriate for the circumstances
• Gather the relevant information, such as the names of the heirs, the values of assets, and other important details
• Draft the will, including all required elements such as the testator’s name, address, and signature
• Have the document reviewed by a lawyer to ensure its accuracy and legal validity
• Once the document has been drafted and reviewed, it is ready for signing and witnessing
• Check this off your list when the document has been reviewed and is ready for signing and witnessing.

Have the document signed and witnessed

• Have at least two witnesses present during signing
• Witnesses must be at least 18 years old and of sound mind
• Each witness must sign the document in the presence of the testator and each other
• After signing, the witnesses should print their names and addresses on the document
• Once the document is signed and witnessed, you can check this step off your list and move on to filing the document with the court.

File the document with the court

• Gather all the documents needed, such as the pour over will, death certificate, and other documents required by the court.
• Take the documents to the local probate court in the county where the deceased resided.
• Make sure to check the court’s website for any additional requirements that may be needed.
• Submit the documents to the court clerk and pay any associated filing fees.
• Ask for a receipt or some kind of proof that the documents were filed with the court.

Once you have submitted the documents and paid the filing fees, you will know you can check this step off your list and move on to the next step.

What are the Potential Issues with a Pour Over Will?

• Understand that, if you don’t already have an existing trust, a pour over will may not be the right option for you as this type of will is only used in conjunction with a trust
• Be aware that if you don’t fund the trust or if you choose to fund it with assets that don’t qualify, the assets will be subject to probate instead of passing to your designated beneficiaries
• Consider that if you don’t fund the trust, the will may become invalid
• Realize that if your trust or will is not drafted with up-to-date language, it may not be applicable in your jurisdiction

When you can check this off your list and move on to the next step:

• Once you have a full understanding of the potential issues with a pour over will, you can move on to the next step.

Outdated language

• Review the language of your will to ensure that all terms are still relevant in current legal language
• Make sure to update any terms that are outdated or that do not conform to current legal terms
• Have a lawyer review your will to ensure that all language is current and legally valid
• Once you have updated any outdated language and had a lawyer review it, you can check this step off your list and move on to the next step.

Lack of clarity in instructions

• Review the will to determine if the instructions are clear and easy to understand.
• Check if the instructions are in plain language, and if there is any ambiguity.
• If there is any language that is out of date or not easily understood, consider seeking legal advice to ensure that the instructions are properly interpreted.
• Once the will has been reviewed and any ambiguity has been cleared, you can check this off your list and move on to the next step.

Beneficiary not properly identified

• Ensure that all beneficiaries are specifically named in the will
• If a beneficiary is not properly identified, the court must determine who should receive the benefit
• Check if the will includes a residuary clause that spells out who should receive the remainder of the estate
• If the will does not include a residuary clause or if the residuary clause is unclear, the court will need to make a determination
• You can check this step off your list when you have ensured that all beneficiaries are properly identified in the will and/or any residuary clauses are clear.

Unclear executor instructions

• Consult with an attorney to understand the instructions given by the executor to determine if they are clear and legally binding.
• Have the executor clarify any unclear instructions in writing to avoid any confusion.
• Make sure to keep a copy of all written instructions for your records.

Once you have consulted with an attorney and the executor has given clear instructions, you can check this step off your list and move on to the next step.

What Happens if I Don’t Have a Pour Over Will?

• Without a pour over will, any assets not covered in your existing will or trust will be distributed according to state law when you pass away
• If you don’t have a will, your assets may not be distributed the way you would want them to be, and instead will be governed by the state’s intestacy laws
• If you have any assets that are not already specified in an existing will or trust, you will want to create a pour over will to make sure these assets are properly distributed
• You will know when you can check off this step when you have created the pour over will and it has been properly signed and witnessed.

The assets will be distributed according to state law

• Research the laws in your state regarding distribution of assets
• Gather any necessary documents to understand how your assets will be distributed
• Make note of any potential conflicts or issues that arise while researching
• Once you’ve completed your research and understand how assets will be distributed according to state law, you can check this step off the list and move on to the next step.

Beneficiaries may not receive what they were intended to receive

• Understand that a Pour Over Will may not always transfer all of the assets that were intended to be transferred to the beneficiaries.
• Review the assets of the estate to make sure that all assets have been transferred in accordance with the terms of the will.
• Make sure that the beneficiaries are aware of any assets that were not transferred, so that they can make sure to receive them if they are due to them.
• Check that all assets have been properly transferred and that there are no discrepancies between the will and the final distribution of assets.
• Determine if any legal action needs to be taken to ensure that the beneficiaries receive all of the assets they were intended to receive.
• Once all assets have been distributed in accordance with the will, this step can be checked off and the next step can be started.

The process will take longer and be more costly

• Have a lawyer draft the will. This will take longer and be more costly than using a standard form.
• Get the lawyer to review the will to make sure it meets the legal requirements.
• Have the will signed and witnessed in accordance with state law.
• Pay the lawyer for their services.
• When the will is finished and all the legal requirements are met, you can check this step off your list.

FAQ:

Q: What is the difference between a pour over will and a standard will?

Asked by Whitney on 27th May 2022.
A: A pour over will is a type of testamentary trust that allows assets to be distributed to beneficiaries according to the terms of the will. It is used in combination with a living trust, meaning that when a person dies, all of his or her assets are transferred into the living trust, which is then distributed according to the terms of the pour over will. This type of will is beneficial because it allows for more flexibility when it comes to distributing assets, as opposed to a standard will, which only allows for one-time distribution of assets.

Q: Is a pour over will binding in all US states?

Asked by Michael on 17th August 2022.
A: Pour over wills are binding in all US states, but there may be certain state-specific laws and regulations that apply depending on where you live. Generally speaking, pour over wills are recognized by all US states and must be followed in order for the terms of the will to be enforced.

Q: Do I need to have a lawyer draft my pour over will?

Asked by Claire on 20th January 2022.
A: It’s not necessary to have a lawyer draft your pour over will as it is relatively straightforward and simple to create one on your own. However, it’s important to ensure that your pour over will is legally valid and properly drafted so that your wishes are carried out after your death. It’s generally recommended to seek legal counsel if you’re unsure about any aspects of creating your pour over will, as this can help ensure that it is properly drafted and legally valid.

Q: Are there any special requirements for creating a pour over will?

Asked by Ryan on 8th June 2022.
A: There are no special requirements for creating a pour over will, but it’s important that you understand the terms and conditions of creating such a document before you begin drafting one. Generally speaking, you should make sure that you include all relevant information regarding who should receive which assets and how they should be distributed upon your death. Additionally, you should make sure that any instructions or wishes regarding funeral arrangements or any other post-death matters are included in the document as well.

Q: What happens if I don’t have a pour over will?

Asked by Emily on 3rd April 2022.
A: If you don’t have a pour over will in place when you pass away, then your estate (assets and property) will be distributed according to the laws of intestacy in your state. This means that your estate may not be distributed according to your wishes and may instead go to family members or other individuals that you did not intend for it to go to. This can cause significant difficulties for those left behind so it’s important to ensure that you have a pour over will in place so that your wishes are respected after your death.

Q: Can I make changes to my pour over will after it has been signed?

Asked by David on 2nd July 2022.
A: Yes, you can make changes to your pour over will after it has been signed if you wish. However, it’s important to ensure that any changes are properly documented with witnesses present and that they meet the legal requirements set out by your state in order for them to be legally valid. Additionally, if you make any major changes such as adding or removing beneficiaries or changing how assets should be distributed then it’s important to consult with a lawyer first as these can have significant legal implications if not done correctly.

Q: Can I create a pour over will without an attorney?

Asked by Elizabeth on 4th October 2022.
A: Yes, you can create a pour over will without an attorney if you wish, but it’s important to ensure that the document meets all legal requirements in order for it to be legally valid. Additionally, if you’re unsure about any aspects of creating a valid pour over will then it’s recommended that you consult with an attorney who specializes in wills and trusts before proceeding with creating one on your own, as this can help ensure that everything is done correctly and legally valid.

Q: How long does it take for a pour over will to take effect?

Asked by Joshua on 1st December 2022.
A: A pour-over will typically takes effect immediately upon signing, however some states may require additional steps such as filing with the local court or having the document notarized before it takes effect. Additionally, some assets may require additional steps such as transferring property deeds or titles before they can be included in the estate plan created by the pour over will so this should also be taken into account when considering how long until the document takes effect.

Q: Is there any way around probate with a pour-over will?

Asked by Ashley on 5th February 2022.
A: Yes, there are ways around probate with a pour-over will depending on what type of assets you have included in your estate plan and how they are structured within the document itself. Generally speaking, some assets such as bank accounts may not require probate if they are transferred directly from one person (the deceased) into another (the beneficiary) without passing through probate court first. Additionally, some types of trusts may also allow for certain assets to bypass probate altogether so this should also be considered when drafting your estate plan with a pour-over will.

Q: Are there any tax implications associated with using a pour-over will?

Asked by Matthew on 11th November 2022.
A: Yes, there may be tax implications associated with using a pour-over will depending on which state and jurisdiction you live in and what type of assets are included within your estate plan created by the document itself. Generally speaking though, most states have rules in place which allow estates up to certain values (which vary from state-to-state) to bypass probate altogether which would also mean avoiding having any taxes applied against them when they pass through probate court or other finalization procedures upon death. Additionally, many states also offer specific exemptions from taxation for certain types of trusts so this should also be taken into account when planning out an estate plan using a pour-over will document.

Example dispute

Suing a Company over a Pour Over Will

• A pour over will is a legal document that is used to transfer the assets of a deceased person to a trust created for the benefit of their heirs.
• The plaintiff may raise a lawsuit against a company if the company fails to properly manage the assets of the deceased, or if the company fails to follow the instructions of the pour over will.
• The plaintiff may seek damages for losses or expenses incurred due to the company’s failure to properly manage the assets or follow the instructions of the pour over will.
• In order to win the lawsuit, the plaintiff must demonstrate that the company failed to properly manage the assets or follow the instructions of the pour over will, and that the plaintiff suffered damages as a result.
• Settlement may be reached through negotiation or through a court order. Damages may include compensatory damages, punitive damages, and attorney’s fees.

Templates available (free to use)

Pour Over Will
Pour Over Will California
Pour Over Will Florida
Pour Over Will Georgia
Pour Over Will Illinois
Pour Over Will Massachusetts
Pour Over Will New Jersey
Pour Over Will New York
Pour Over Will Pennsylvania
Pour Over Will Texas

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