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a will tells the probate court not to distribute your assets upon your death whereas a pour-over will by its name implies that you have a trust and force any of the assets that were not placed into your trust during your lifetime into your trust upon your death to be administered and ultimately disposed of pursuant to the terms of the trust a form of our will is basically a clean up mechanism its not a substitute for transferring assets into your trust remember any assets that you dont place in your trust may be subject to probate and Wills do not avoid probate lonely are probably under trust in the courts right