Clients continually ask probate attorneys to design an estate plan in order to avoid probate. The most common approach is to draft a revocable living trust. However, the trust can only pass title to assets if these assets have been transferred to the trust, or in other words, funded to the trust.

What happens if the creator of a trust did not transfer title of all his or her assets to the trust? These assets will go through probate unless you create a Pour Over Will.

A Pour Over Will makes distribution of assets much easier because in a Pour Over Will the only devisee is the trust. The testator’s Pour Over Will directs which property is to be placed in the trust which is then distributed to the beneficiaries. All of the grantor’s property is distributed as according to his of her plan.

A Pour Over Will contains the following components:

  • Title and Introduction
  • Introductory Articles and Declarations
  • Information Pertaining to Debts, Expenses and Taxes
  • Information Pertaining to Disposition of Tangible Personal Property
  • Transfer of Residue Estate to Trust – Pour Over Will provision
  • Appointment of Executor and Administration
  • Powers of Executor
  • Definitions and Special Conditions or Considerations
  • Any Miscellaneous Provisions
  • Signatures and Notary

How to Fill Out a Free Pour Over Will Form

Download the following free Pour Over Will form and change it to suit your needs. Fill free to copy and paste, then print out the document as needed:

Free Pour Over Will Form


I. I, ________________________________________ (Complete Name), currently
residing at ____________________________________________________ (Address)
being of sound mind and in the contemplation of the certainty of death, do hereby
declare this instrument to be my last will and testament.

II. I hereby revoke all previous wills and codicils.

III. I hereby direct that the disposition of my remains be as follows:

IV. I hereby give all the rest and residue of my estate to ________________________
(Complete Name), the Trustee of the Living Trust, solely to be held in trust and used for
the purposes stated within the trust.

V. I hereby appoint ___________________________________________________
(Complete Name and Address) to act as the executor of this will, to serve without bond.

Should _______________________________________________________________
(Complete Name and Address) be unable or unwilling to serve, then I appoint
(Complete Name and Address) to act as the executor of this will.

I herewith affix my signature to this will on this the ________ day of ______________
(month), ______ (year), at ________________________________________________
(Address), in the presence of the following witnesses, who witnessed and subscribed
this will at my request, and in my presence.
________________________________ ____________________
Signature of Testator Date


On the date above written, ____________________________________, TESTATOR,
well known to us, declared to us in our presence that this instrument, consisting of
_____ pages, is _____ (his/her) last will and testament. ________________________,
TESTATOR, then signed this instrument in our presence, and at _________________,
TESTATOR’S request we now sign this will as witnesses in each other’s presence. We
further avow that _______________________________, TESTATOR, appeared to us
to be of sound mind and lawful age and under no undue influence.
________________________________ ____________________
Signature and Address of Witness Date
________________________________ ____________________
Signature and Address of Witness Date

________________________________ ____________________
Notary Signature and Seal Date