A pourover will is a will that transfers all the property of the deceased person—known as the testator or decedent—to an existing trust at the testator’s death. The trust is created during the testator’s lifetime and in the trust context the testator is known as the grantor, settlor, or trustor—the person who creates the trust and funds the trust at death with assets “poured over” from the grantor’s will.

For most smaller estates the trust is a revocable living trust that allows the grantor to control the assets and change the trust during the grantor’s lifetime.

A pourover will is designed to avoid the probate process, with the estate assets being distributed to the trust beneficiaries by the trustee of the trust under the terms of the trust provided by the grantor. A pourover will also ensures that any assets the testator failed to add to a trust (accidentally or purposely) are transferred to the trust for distribution—avoiding claims of partial intestacy (no will with respect to the omitted assets), disputes, litigation, and the court-supervised probate or administration process.

In California, a pourover will is a testamentary document that works in conjunction with a living trust. The primary purpose of a pourover will is to ensure that any assets not already in the trust at the time of the testator's death are transferred into the trust upon death. This type of will 'pours' the decedent's remaining assets into the trust, which then distributes the assets according to the terms set forth by the grantor in the trust document. The trust involved is typically a revocable living trust, which allows the grantor to retain control over the trust assets during their lifetime and make changes to the trust as needed. The use of a pourover will can help to avoid the probate process, as the assets are managed and distributed by the trustee without the need for court supervision. This can also prevent issues of partial intestacy and reduce the potential for disputes and litigation over the estate. It's important to note that while a pourover will can minimize the need for probate, it does not eliminate the possibility entirely, especially if the assets outside the trust exceed a certain value. In such cases, a simplified probate procedure may still be necessary for those assets to be officially transferred to the trust.