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 New Mexico, 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 probate 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. New Mexico recognizes the validity of pourover wills and revocable living trusts as estate planning tools. These instruments allow the grantor to maintain control over their assets while alive and specify how they should be managed and distributed after death, potentially minimizing disputes and litigation associated with partial intestacy.