For those who leave behind all their property and belongings in a Trust, a Pour Over Will acts as a catch-all in case the person dies with property outside of the Trust. The Pour Over Will serves as a backup by providing instructions on what to do with any assets that were not transferred into the Trust.

     Over time, it's common for individuals to acquire new assets, such as real estate, financial accounts, vehicles, or other valuable personal belongings, and inadvertently forget to title them in the name of the Trust. A Pour Over Will ensures that any property left outside the Trust at the time of death will be automatically transferred, or "poured over," into the Trust. It acts as a safety net, catching anything that was unintentionally left out and directing it into the Trust. This prevents the state from intervening and making decisions about how those remaining assets should be distributed.

     One of the goals in creating a Trust is to avoid probate and spare loved ones from the time, expense, and stress of going to court. However, if property is left outside of the Trust at the time of death, probate may still be required, depending on the value of the assets that were left outside of the Trust.

     If the value of the property left outside of the Trust exceeds $125,000 (the threshold for a "small succession"), a formal probate proceeding will be required. If the value is below $125,000, then probate can usually be avoided.

     In either scenario, the Pour Over Will prevents the state from determining how your property is distributed and ensures that your remaining assets are ultimately governed by the Trust instead.