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 North Carolina, a pourover will is a legal document that works in conjunction with a trust, typically a revocable living trust. The pourover will ensures 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 simplify the estate settlement process by avoiding the probate process for the assets that 'pour over' into the trust. The trust then manages and distributes the assets according to the terms set by the grantor. North Carolina General Statutes (NCGS) recognize the validity of pourover wills and trusts as estate planning tools. The use of a pourover will can help prevent disputes and litigation that may arise from claims of partial intestacy, where some assets are not covered by a will. It is important for individuals to ensure that their estate planning documents, including pourover wills and trusts, are properly drafted and executed in accordance with North Carolina law to be effective.