What Is a Pour-Over Will—and Why Do You Still Need One in Oregon?
Clients are often surprised to learn that even if they set up a revocable living trust, they still need a will. Not just any will—a pour-over will.
“Wait,” they say, “isn’t the whole point of the trust to avoid the will?” And yes—ideally, the trust handles everything. But real life is messier than legal theory, and pour-over wills are your safety net when something falls outside the plan.
Here’s what a pour-over will is, how it works in Oregon, and why every trust-based estate plan should include one.
What Is a Pour-Over Will?
A pour-over will is a type of will that acts as a legal funnel. Its sole job is to catch any assets that were not titled into your trust and direct them into the trust after your death.
Think of it like a mop-up crew. It doesn’t handle day-to-day estate planning, but if you forget to move your new checking account, car, or piece of artwork into the trust? The pour-over will ensures it still ends up where you intended—just with a detour through probate.
Why You Still Need a Will—Even With a Trust
No matter how thorough your estate plan is, assets fall through the cracks:
A retirement account you forgot to retitle
A vehicle purchased in your name
An inheritance you received late in life
A savings bond from 1987 still in a desk drawer
A trust only controls what’s titled to it. That’s why Oregon estate plans built around revocable trusts always include a pour-over will. It ensures consistency and prevents unintended intestacy (where the state decides who gets your property).
Does the Pour-Over Will Avoid Probate?
No. The pour-over will must go through probate if it controls any assets.
That’s why proper trust funding is still critical. The pour-over will is a backup—not a workaround. If you rely on it to clean up everything, you’ll lose the very benefits you created the trust to capture: speed, privacy, and probate avoidance.
What’s in the Pour-Over Will?
Typically, a pour-over will includes:
A clause that “pours over” all residuary assets into the trust
A nomination of a personal representative (executor)
Guardianship designations for minor children
Funeral and burial instructions (if desired)
Language confirming intent to have the trust govern the estate
Importantly, the pour-over will does not repeat the distribution plan. The trust holds the real instructions. The will simply moves stray assets into the trust so that those instructions can be followed.
What Happens If You Don’t Have One?
If you have a trust but no pour-over will—and you die with assets outside the trust—those assets may:
Be distributed according to Oregon intestacy law, which often isn’t what you want
Trigger probate that’s uncoordinated with your trust
Land in the hands of heirs you intentionally excluded
Create a mismatch between your legal plan and real-world asset ownership
Bottom line: your trust can’t pour anything over if there’s no vessel to catch it.
Does the Personal Representative Still Matter?
Yes. Even if your trust handles most of the estate, the personal representative named in your pour-over will is the person who represents your estate in probate court—if probate is required. They’ll work with the successor trustee to unify the plan and administer the estate efficiently.
That’s why we still recommend choosing a PR who is:
Detail-oriented
Available and willing
Likely to outlive you
Not prone to conflict with other family members
Final Thought
A pour-over will is not a backup estate plan—it’s the finishing touch on a trust-based plan. It’s what prevents rogue assets from slipping through the cracks, ensures continuity across your documents, and gives your estate legal coherence.
At Track Town Law, every trust-based estate plan includes a properly drafted and signed pour-over will. I don’t do half-measures, and you shouldn’t either.
If you’re not sure whether your trust is backed by a pour-over will—or whether your will and trust are playing well together—you can schedule a consultation here. I offer flat-fee estate plans that close every loop.
