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What Is a Pour Over Will? (2025 Guide for Texas Estate Planning)

If you’ve been researching estate planning in Texas, you may have come across the term “pour-over will.”

It sounds like something from a coffee shop—but it’s actually a powerful legal tool used with trusts.

Here’s what a pour-over will is, why it matters, and how it helps make sure nothing falls through the cracks when you pass away.

What Is a Pour-Over Will?

A pour-over will is a special kind of will that’s designed to work hand-in-hand with a revocable living trust.

Instead of distributing your assets directly to heirs, the pour-over will says:

➡️ “Anything I forgot to put in my trust while I was alive—please ‘pour’ it into the trust when I die.”

That way, everything ends up in the trust, and your trustee can handle it according to your original plan.

Why Use a Pour-Over Will in Texas?

Because life is messy.

You might set up a beautiful trust, transfer your house and accounts into it—but forget to move your car title or that one investment account.

Without a pour-over will, those leftover assets would go through standard probate and possibly end up with the wrong people (based on Texas intestacy law).

A pour-over will prevents that by acting as a safety net.

What Does a Pour-Over Will Cover?

Anything you own individually at the time of death that didn’t make it into your trust:

• Vehicles

• Personal property

• Bank accounts

• Investments

• Family heirlooms

Instead of being split up by the will itself, these assets are moved into your trust after death and distributed according to its terms.

Does a Pour-Over Will Avoid Probate?

Not entirely.

That’s a common misconception.

A pour-over will still goes through probate—but only for the assets that weren’t already titled in the trust.

To avoid probate completely, you’d need to:

• Fund your trust fully during your lifetime

• Use transfer-on-death (TOD) and payable-on-death (POD) designations where appropriate

So while the pour-over will helps, it’s not a magic wand. It’s more like a back-up plan.

Real-Life Example: The Car That Got Left Out

Carlos, a Houston retiree, created a revocable living trust in 2021 and transferred most of his assets. But he forgot to retitle his car.

When he passed in 2024, his pour-over will caught the car and transferred it into the trust through a short probate process.

Thanks to that pour-over clause, his daughter (the trustee) was able to sell the car and distribute the proceeds along with the rest of the estate.

Do You Still Need a Will If You Have a Trust?

Yes. Absolutely.

Even with a fully funded trust, a pour-over will is essential to:

• Name a guardian for minor children

• Handle forgotten or newly acquired assets

• Serve as a legal backup in case the trust wasn’t fully funded

Skipping the pour-over will is like going skydiving with only one parachute.

How to Create a Pour-Over Will in Texas

You’ll need:

• A valid Texas will that names your trust as the beneficiary

• A revocable living trust already in place

• A qualified estate planning attorney to make sure it all works together

At The Lange Firm, we ensure that your pour-over will and trust are properly drafted, coordinated, and tailored to your unique needs.

Final Takeaway

A pour-over will is your estate plan’s safety net.

It makes sure that anything you forgot—or didn’t have time to transfer—still ends up where it belongs: in your trust.

If you’re building or updating your estate plan in Texas, make sure your attorney includes a pour-over will.

Contact The Lange Firm today to protect your legacy with a custom plan that covers every detail.