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How to Fill Out Pour-Over Will

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A pour-over will is a specific type of will that complements a revocable living trust in an estate plan. It is called a pour-over will because it facilitates the transfer of assets into the trust upon the testator's death. If an individual has a revocable living trust, the assets held within it can bypass the probate process. For example, when one spouse passes away, the surviving spouse typically receives the assets, and ultimately, upon both spouses' deaths, the remaining assets are distributed to their chosen beneficiaries, as outlined in the trust terms.

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Does a pour-over will need to be probated in California?

Not necessarily. Assets in a pour-over will only avoid probate if their total value is under $184,500, thereby qualifying the estate for a small estate affidavit. If the assets total more than $184,500, then they will have to go through probate.

Do you have to probate a pour-over will in Texas?

A pour-over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pour-over will is much shorter than probate with a traditional will.

What assets are not subject to probate in California?

Assets Not Subject to California Probate Property that is not owned individually by a decedent can be considered a non-probate asset by operation of law. For example, real estate is a common non-probate asset. Many times people hold real estate jointly with the right to survivorship.

What is the difference between a pour-over will and a will?

The difference between a simple will and a pour-over will is that a simple will is meant to handle your entire estate, such as by leaving it to your spouse or your kids. A pour-over will exists only to move assets into the trust and works in conjunction with either a revocable living trust or an irrevocable trust.

What is a pour out will?

A pour-over will is a type of will that works in partnership with a living trust. Its designed to catch property you didnt put in your trust during your lifetime letting the court know you want these assets transferred to your trust after you die.

Do pour-over wills avoid probate California?

A pour-over will can help the family and beneficiaries of the testators will avoid probate on non-trust assets by transferring them into the trusts care after the testator dies. If the value of the pour-over assets does not exceed Californias statutory limits for trust funds, the assets will not move into probate.

Does a pour-over will need to be docHubd in California?

The Will Must Be Witnessed Not docHubd Unlike your other documents, your Pour-Over Will should not be docHubd.

How does a pour-over will work in California?

The pour-over will names your living trust as the beneficiary. This allows any money or property you own individually to be transferred or poured over into your living trust upon your death.

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