What is a Pour-Over Will?

 

• Purpose: Acts as a safety net to ensure any forgotten or omitted assets are directed into your Revocable Living Trust when you pass away.

• Works in combination with your trust to fully distribute your estate according to your wishes.

• Without a Pour-Over Will, any assets left outside your trust may be subject to Nevada's default probate process.

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Key Highlights:

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 Purpose:

 

• Directs any remaining personal property or real estate to the person’s trust after death.

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Complements a Trust:

 

• It’s not a substitute for a trust — it works with one to complete the estate plan.​

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 Goes Through Probate:

 

• Unlike the trust, the pour-over will does go through probate for any assets it captures, but ensures those assets end up in the trust.

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  Names Executor:

 

• Allows the individual to name a personal representative (executor) to carry out any final affairs.

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Helpful Tips:

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• You create a revocable living trust and transfer your major assets into it during your lifetime.

• You also create a pour-over will, which names the trust as the beneficiary of any remaining property.

• When you pass away, any assets not already in the trust are transferred—or “poured over”—into the trust through the will.

• These assets may still go through probate, but the pour-over will ensures they ultimately end up in the trust for proper distribution.

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Is Notarization Required?

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No notarization is required for a will in Nevada.
Must be signed in front of two competent witnesses, who also sign in the presence of the testator.
   •    Self-Proving Affidavit:
Recommend adding a self-proving affidavit, which is notarized. This avoids needing the witnesses to appear in court during probate.

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