Pour Over Will California

What is a Pour Over Will in California and do I need one?

Let’s start by answering the question: What is a Pour Over Will?

The purpose of the pour-over will is to provide for the distribution of assets that were omitted from the Trust, either intentionally or inadvertently.

Do I need a Pour Over Will in California?

When people make revocable living trusts to avoid probate, it’s common for them to also make what’s called a “pour-over will” The will directs that if any property passes through the will at the person’s death, it should be transferred to (poured into) the trust, and then distributed to the beneficiaries of the trust.

One of your first tasks will be to determine what assets, if any, were omitted from the Trust.

If any such assets exceed $100,000 in gross value, a probate may be required to transfer these assets to the Trust. If these assets do not exceed $100,000 in value, you can collect such assets under a declaration procedure authorized by the Probate Code. At least 40 days must elapse after the date of death before you can use this declaration procedure. Whether or not a probate is required, the original will must be deposited for safe keeping with the County Clerk within 30 days of the date of death.

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