If you’ve created a revocable living trust, you’re already taking a smart step toward avoiding probate and simplifying the future for your loved ones. But even a carefully drafted trust needs a backup plan—and that’s where a pour-over willcomes in. A pour-over will works hand-in-hand with your trust to make sure that any assets you didn’t transfer into the trust during your lifetime are still covered by your estate plan.

A pour-over will is a special type of will that directs any remaining assets—those not already titled in your trust—to be transferred into your trust upon your death. Instead of listing individual beneficiaries, a pour-over will simply states that anything left in your name alone should “pour over” into your existing trust. This way, your trust remains the master plan, and all of your assets are eventually managed and distributed according to the instructions you’ve already set up.

This kind of will is especially important because no matter how careful you are, it’s easy to overlook an asset or acquire new property after creating your trust. For example, if you open a new bank account but forget to title it in the name of your trust, your pour-over will acts as a safety net, ensuring that account is ultimately handled through your trust after your death. Without a pour-over will, assets left outside of your trust could pass under Massachusetts intestacy laws, which may not reflect your true wishes.

One common question we hear is whether a pour-over will avoids probate. The answer is: not entirely. Assets that pass through your pour-over will still have to go through the probate process before being transferred into the trust. That’s why we emphasize the importance of trust funding—retitling your key assets into the trust during your lifetime. The more you fund your trust now, the less your pour-over will needs to do later, and the more likely you are to avoid probate altogether.

Pour-over wills are also the only way to name guardians for minor children. While a trust can handle property and instructions, only a will can legally appoint someone to raise your children if something happens to you. For this reason alone, even people with a trust still need a valid pour-over will.

At Bayog Law, every revocable trust package we draft includes a pour-over will—because a trust without a will isn’t truly complete. Our full estate planning packages also include a durable power of attorney, health care proxy, HIPAA release, and clear guidance on trust funding. We take the time to explain every document and make sure your entire plan works together the way it should.