You established a living trust to shield your family from probate proceedings. Nevertheless, a recently opened account or an overlooked vehicle title can circumvent even a diligent plan. A pour-over will functions as a contingency for those residual assets.
How a pour-over will works
A pour-over will designates your revocable trust as beneficiary of your remaining probate estate. Assets still titled solely in your individual name at death can transfer into the trust. Your successor trustee subsequently administers and distributes them pursuant to the trust’s provisions.
This contingency carries greater significance than many testators appreciate. Absent such a will, residual assets could descend under Georgia’s intestacy statutes rather than your trust. A probate court would then determine your heirs. That determination might diverge considerably from your intentions.
What Georgia law requires for a valid will
Your pour-over will only works if it meets the state’s execution requirements under O.C.G.A. § 53-4-10. Georgia holds pour-over wills to the same standards as any other will. Georgia law sets several basic requirements:
- Age: You must be at least 14 years old to make a will.
- Format: The will must be in writing, not spoken.
- Witnesses: Two competent witnesses must sign in your presence.
- Free choice: You must sign voluntarily, without duress or undue influence.
A will that skips any of these steps could fail in court. Your assets might then pass as if no will existed.
Will you still face probate?
A pour-over will does not skip probate on its own. Assets the will captures must proceed through court administration before reaching your trust. Fortunately, these residual holdings frequently possess modest value. Georgia permits abbreviated procedures for qualifying smaller estates. Administration may conclude more expeditiously as a consequence.
You can diminish this exposure further. Retitling accounts and property into your trust during life reduces what the will must capture.
Building a complete Georgia estate plan
A pour-over will captures stray assets, channels them into your trust and demands strict statutory compliance. It cannot eliminate probate independently, yet it preserves your plan’s coherence. Understanding these limitations informs how you fund your trust during your lifetime.
Pairing your trust with a properly executed will gives your plan a strong foundation. If your estate involves disputes or unusual assets, an attorney’s guidance may help.