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 Florida, a pourover will is a legal document that works in conjunction with a trust—typically a revocable living trust—established by an individual during their lifetime. The purpose of a pourover will is to ensure that any assets not already placed in the trust during the individual's life are transferred into the trust upon their death. This mechanism is designed to simplify the estate settlement process, minimize the need for probate, and ensure that all of the decedent's assets are distributed according to the terms set forth in the trust. Florida law recognizes the validity of pourover wills and allows them to be used as part of an estate plan to provide comprehensive management and distribution of assets. By using a pourover will, the grantor can maintain control over their assets during their lifetime while also providing for a smooth transition of assets to beneficiaries, in accordance with the trust's instructions, after their death.