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 Michigan, a pourover will is a legal document that works in conjunction with a trust, typically a revocable living trust. The purpose of a pourover will is to ensure that any assets not already placed in the trust during the grantor's lifetime are transferred into the trust upon the grantor's death. This type of will is designed to capture any assets that were omitted from the trust, either accidentally or intentionally, and to avoid the probate process for those assets. By directing assets to the trust, the pourover will helps maintain the privacy of the estate and can streamline the administration process, as the trust's terms dictate asset distribution without the need for court supervision. Michigan law recognizes the validity of pourover wills and allows for their use to complement the estate planning goals of the grantor, ensuring a cohesive transfer of the decedent's assets to the intended beneficiaries through the trust mechanism.