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 Pennsylvania, a pourover will is a legal document that works in conjunction with a trust—typically a revocable living trust—established by the testator during their lifetime. The purpose of a pourover will is to ensure that any assets not explicitly placed into the trust during the testator's life are automatically transferred into the trust upon their death. This mechanism is designed to simplify the estate administration process, minimize the potential for disputes, and avoid the probate process to the extent possible. However, it is important to note that in Pennsylvania, assets transferred through a pourover will may still be subject to probate before they can be officially 'poured over' into the trust. The trust itself, once funded, can then distribute the assets to the beneficiaries according to the terms set by the grantor. It is advisable for individuals to consult with an attorney to ensure that their estate planning documents, including a pourover will and any trusts, are properly drafted and reflect their intentions.