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 South Dakota, a pourover will is a legal document that works in conjunction with a trust—typically a revocable living trust—established by an individual during their lifetime. The purpose of a pourover will is to ensure that any assets not already placed in the trust by the time of the individual's death are transferred into the trust upon death. This mechanism is designed to simplify the distribution of the estate and to avoid the probate process, which can be time-consuming and costly. The trust then dictates how the assets are to be distributed to the beneficiaries. South Dakota law recognizes the validity of pourover wills and trusts as estate planning tools, and they can be particularly beneficial for smaller estates. By having a pourover will, the grantor can minimize the risk of partial intestacy and reduce the potential for disputes and litigation over the estate. It is important for individuals to work with an attorney to ensure that the pourover will and trust are properly drafted and funded to effectively carry out their estate planning goals.