When it comes to estate planning in California, most people understand the importance of having a trust. But many are surprised to learn that even with a trust, a Will still plays a critical role. With a Living Trust-based Estate Plan, a Will is often referred to as a Pour-Over Will.

The Three Buckets of Property at Death

To understand how a pour-over will works, it’s helpful to picture all your assets as falling into three buckets when you pass away:

Trust Bucket
These are assets that have been properly titled in the name of your trust during your lifetime. The trustee can manage and distribute them according to the terms of your trust without court involvement.

Beneficiary Designation Bucket
These include accounts such as life insurance and retirement accounts (like IRAs or 401(k)s), where there is a named beneficiary and contingent beneficiary(ies). These assets pass directly to the named beneficiaries, bypassing both probate and the trust.

Estate Bucket
This is everything else, assets that were left out of the trust and don’t have a valid beneficiary designation. Your Will controls these assets and may require probate depending on their value.

Where the Pour-Over Will Comes In

A Pour-Over Will acts as a safety net. Its primary job is to “catch” any assets in the estate bucket—assets that weren’t titled in your trust or don’t have a beneficiary—and direct them (“pour” them) into your trust after your death.

In other words, it ensures that all of your assets, even those not placed in the trust, are distributed in accordance with the trust’s terms. It simplifies things for your loved ones and helps maintain consistency across your estate plan.

But There’s a Catch: Probate in California

In California, if the assets in the estate bucket total more than $208,850 (as of 2025), the pour-over will must go through probate. This is a court-supervised process that can take many months (or years) and involves legal fees, filings, and court oversight. If the estate is below the threshold, a simplified small estate process is available, which doesn’t require court involvement.

Why This Matters

Even with a pour-over will, the goal is to avoid having assets in the estate bucket at all. That means:

Titling assets in the name of your trust during your lifetime.

• Keeping beneficiary designations up to date.
• Reviewing your estate plan periodically to make sure no assets have slipped through the cracks.

The pour-over will is an essential backup, but not a replacement for thoughtful, proactive trust funding.

Need to Review Your Buckets?

If you’re not sure which assets are in which bucket—or if your trust was ever fully funded—this is a great time to take stock. We’re here to help ensure your plan works the way you intend when your loved ones need it most.

Let’s make sure everything lands in the right place.