A pour-over will is a will that leaves your probate assets to the trustee of your trust. Florida allows a will to give property to a trust that exists when the will is signed (or is signed at the same time), even if the trust is revocable or amended later (§ 732.513).
It is a safety net. Assets that pour over must still go through probate before they reach the trust (§ 733.103). The goal is to have little or nothing pass under it, by titling assets to the trust during life.
Why people use one
- One set of instructions. Anything forgotten, inherited late, or received after death (such as a refund) ends up under the trust’s terms.
- The will’s other roles. It names a personal representative and can nominate a guardian for minor children, which a trust cannot do.
- Coordination. It avoids a separate intestate distribution for assets left out of the trust.
How it works after death
- The original pour-over will is deposited with the clerk and admitted to probate.
- The personal representative gathers the probate assets, handles creditors, and pays expenses.
- The remaining probate assets are distributed to the trustee, who administers them under the trust.
If the probate assets are modest, summary administration may be available (§ 735.201).
What it does not do
- Avoid probate for the assets it covers
- Protect assets from creditors; the trust can also be required to pay estate debts (§ 733.707(3))
- Override beneficiary designations on insurance or retirement accounts
- Override Florida’s homestead restrictions
Signing requirements
A pour-over will is an ordinary will. It must be signed at the end in the presence of two witnesses who sign in the presence of the testator and each other (§ 732.502), and is usually made self-proved before a notary.
An example
A woman’s revocable trust holds her home and investment account, and her pour-over will leaves everything else to the trust. She dies with a $9,000 certificate of deposit she bought after signing the trust, in her name alone. Her son, the personal representative, uses summary administration to obtain an order transferring the certificate of deposit to the trustee, and it is then distributed with the rest of the trust.
Common mistakes
- Relying on the pour-over will instead of funding the trust
- Losing the original will
- Leaving “my estate” as beneficiary of accounts, which sends them into probate
- Forgetting that the will still needs a personal representative
What to gather
- The original pour-over will and the trust it refers to
- A list of assets in your own name, with no beneficiary or co-owner
- Deeds and account statements showing how each asset is titled
Next step
Review how each asset is titled. Each asset moved into the trust, or given a beneficiary, is one less asset that has to pass through probate under the pour-over will.
Related guidance
- Revocable living trusts
- Does a trust avoid probate?
- Does a will avoid probate?
- Summary administration
Sources: Florida Statutes § 732.502, § 732.513, § 733.103, § 733.707, and § 735.201 (2026). Checked on October 23, 2026.