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How Does a Pour-Over Will Avoid Probate in Texas? (2025 Guide)

If you’ve set up a revocable living trust, you might think you’re completely done with probate. Not quite—unless you also have a pour-over will.

But what is it? And more importantly, does it help you avoid probate in Texas?

The answer is a little nuanced. A pour-over will doesn’t avoid probate by itself—but it works as a safety net to help ensure everything ends up in the right place.

Let’s unpack how it works, when you need one, and what you should watch out for.

What Is a Pour-Over Will?

A pour-over will is a simple will that directs any assets left out of your living trust at the time of death to be “poured over” into that trust.

In other words:

• It catches any forgotten assets not titled in the trust

• Then it sends them into your trust after you pass

• It ties your will and trust together as a unified plan

Does a Pour-Over Will Avoid Probate?

Not exactly. A pour-over will still has to go through probate.

That’s because:

• The assets weren’t titled in the trust when you died

• Texas probate law requires a court to transfer them into the trust

So if the only document covering those items is a pour-over will, the estate must still be probated—but only for the leftover pieces.

So What’s the Point?

The pour-over will acts like a legal backup plan.

Let’s say you forgot to:

• Retitle a car into the trust

• Add a new bank account to the trust

• Include an inheritance or bonus asset

Without a pour-over will, those assets might go to heirs under Texas intestacy laws—not according to your wishes.

With a pour-over will, they end up where you intended: inside your trust, distributed according to your trust instructions.

How to Make a Pour-Over Will Work For You

1. Fund Your Living Trust Properly

The best way to avoid probate is to make sure all your major assets are:

• Titled in the name of your trust

• Assigned with transfer-on-death (TOD) or payable-on-death (POD) designations

This minimizes the number of assets that “fall through the cracks.”

2. Use the Pour-Over Will as a Backstop

Even if you think you’ve transferred everything, life happens:

• You inherit new property

• You buy a new vehicle or home

• You forget to update beneficiary designations

The pour-over will covers your bases so nothing gets lost.

3. Work With an Attorney

A good estate planning lawyer will:

• Draft both the trust and pour-over will

• Help you retitle assets correctly

• Review your plan regularly

Real-Life Example: The Forgotten Bank Account

Sam had a revocable trust and thought everything was handled. But after he died, his family discovered a bank account in his sole name with $40,000.

Thanks to the pour-over will, that account was pulled into the trust through a simple probate process and distributed as he intended.

Without that will, the funds might have gone to heirs under default state rules—not what Sam wanted.

Does the Pour-Over Will Affect Taxes?

No, it doesn’t change your estate tax situation.

• If your estate is under the federal exemption (over $13 million in 2025), you’re likely in the clear anyway

• The pour-over will simply moves assets, not reduce value or create deductions

It’s more about control and convenience than tax savings.

How The Lange Firm Can Help

At The Lange Firm, we:

• Draft custom revocable trusts and pour-over wills

• Help Texans retitle their assets to avoid probate

• Guide blended families and special needs planning

• Review and update plans when life changes

We make sure your entire estate plan works together—so no piece is left out.

Final Takeaway

A pour-over will won’t eliminate probate—but it will make sure nothing important slips through the cracks.

When paired with a properly funded trust, it forms a complete plan to protect your assets and honor your wishes.

Contact The Lange Firm to create a comprehensive estate plan that gives your family peace of mind.