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 York, a pourover will is a legal document that works in conjunction with a trust, typically a revocable living trust. The pourover will specifies that any assets not already in the trust at the time of the testator's death will be transferred into the trust upon death. This type of will is designed to simplify the estate settlement process by avoiding the probate of these assets, as the trust itself dictates how the assets are to be distributed to beneficiaries. The trust can be managed and altered by the grantor during their lifetime, offering flexibility and control over the assets. By using a pourover will, the grantor ensures that all property is eventually transferred to the trust, thus minimizing the risk of partial intestacy and the potential for disputes or litigation that can arise when assets are not clearly included in a will or trust. It is important for individuals considering a pourover will to consult with an attorney to ensure that the will and trust are properly structured and funded to achieve the desired estate planning objectives.