What is a Pour-over Will in California?

A pour-over will is a type of will that transfers ownership of your property to your living trust.  A living trust is one of the best ways to avoid the expense and delay of probate court in California.  In California, if at the time of your death you own certain property and money worth—at the time of this blog post—$184,500 your heirs will be required to go through a probate proceeding to receive their inheritance if you did not establish and fund a living trust.

When your transfer ownership of your property to your living trust—a process called funding—you may avoid the probate process altogether. 

 Sometimes, even when a living trust is created, not all of an individual’s property is transferred to the living trust before death.  That’s when the pour-over will comes to the rescue.  The pour-over will has one intended beneficiary: your living trust.  If the value of these assets is less than the probate threshold, your beneficiaries will avoid probate and may simply file a small estate affidavit.  If the value of the assets is greater that the probate threshold, probate is required.   

The pour-over will provides an added layer of protection from the cost and ordeal of probate court.  The pour-over will is an essential part of properly structured comprehensive estate plan. 

If you have questions about setting up a living trust centered estate plan to protect your family, create a legacy and avoid probate call California estate planning attorney Jonathan Alexander at (949) 334-7823 for a consultation today.