Pour Over Will Form

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What is a Pour Over Will Form?

A Pour Over Will Form is a legal document that works in conjunction with a living trust. It ensures that any assets not specifically designated in the trust will be 'poured over' into the trust upon the individual's death.

What are the types of Pour Over Will Forms?

There are generally two types of Pour Over Will Forms: individual and joint. An individual Pour Over Will Form is for a single person, while a joint Pour Over Will Form is for a married couple creating a trust together.

Individual Pour Over Will Form
Joint Pour Over Will Form

How to complete a Pour Over Will Form

Completing a Pour Over Will Form is a straightforward process that involves filling in your personal details, naming a trustee to manage the assets, and clearly outlining how you want your assets distributed. Make sure to review the document carefully before signing.

01
Fill in your personal information
02
Name a trustee to manage the assets
03
Clearly outline how you want your assets distributed
04
Review the document before signing

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Video Tutorial How to Fill Out Pour Over Will Form

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Questions & answers

A pour-over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pour-over will is much shorter than probate with a traditional will.
5 Ways to Avoid Probate Joint Ownership of Property. Jointly held property with the right of survivorship passes directly to the joint owner who is still living. Beneficiary Designations. Pay-on-Death and Transfer-on-Death Accounts. Revocable Living Trust. Giving Away Property.
A pour over will is an estate planning device that serves as a safety net to capture any assets that are not transferred to or included in one's. revocable trust document. If you do not create a pour-over will, assets that are not included in the trust will be treated as if you died without a will.
Unfortunately, no, a Pour Over Will does not avoid probate. Because assets in a Pour Over Will are not yet owned by the Trust, they must go through probate before they can be transferred over, and it's only then that they can realize any benefits a Trust has to offer.
An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
The major drawback of relying on pour-over wills in high-value estate plans is that in some cases, property governed by a pour-over will must pass through probate before reaching the trust. Whether a trust or an individual is the beneficiary of a will, probate may be required.