Legal Last Will and Testament Form with All Property to Trust called a Pour Over Will - Florida 2026

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How to use or fill out Legal Last Will and Testament Form with All Property to Trust called a Pour Over Will - Florida

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your full name and county of residence at the top of the form. This personalizes the document and establishes your identity.
  3. In Article One, specify the date you created your Living Trust and its name. This section conveys your intent to transfer any remaining assets into the trust upon your death.
  4. Proceed to Article Two, where you will outline how debts and expenses should be handled. Ensure that you clearly state who will manage these payments.
  5. If applicable, complete Article Three regarding guardianship for minor children. Indicate if you have minors and designate a guardian.
  6. In Article Four, appoint a Personal Representative for your estate. Include their name and ensure they are willing to take on this responsibility.
  7. Review Articles Five through Seven for additional provisions regarding bond waivers, powers of the Personal Representative, and other legal intentions.
  8. Finally, sign the document in front of witnesses as required by Florida law, ensuring all signatures are completed correctly.

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A pour-over will in Florida transfers all of a persons property and assets, that are subject to probate, into the decedents trust when he or she passes away.
What is a Pour-Over Will? A pour-over will is a special type of last will and testament. Unlike a simple will, a pour-over will does not govern the distribution of your property. Instead, it directs any assets that havent been funded into your revocable living trust into a separate trust.
No, a pour over will does not avoid probate. Assets directed by a pour over will must go through probate before they are transferred to the living trust.
Even if you use a trust as your primary estate planning tool for distributing your assets after you die, you should also consider having a pour-over will. With a pour-over will, any assets not included in your trust are automatically transferred to your trust after you pass away.
With a pour-over will, any assets not included in your trust are automatically transferred to your trust after you pass away. Think of it as a kind of safety net, capturing any property you didnt transfer to your trust while you were alive.

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Having a revocable trust in place can help you avoid probate, which is the process a court takes to finalize your legal and financial matters after your death. Probate can be lengthy and expensive for your loved ones.

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