As estate planning attorneys serving clients in Lincolnshire and throughout the Chicago area, we often meet individuals who have heard about living trusts but are less familiar with the concept of a pour-over will. A pour-over will is an essential companion to a revocable living trust. It acts as a safety net, ensuring that any assets not formally transferred into your trust during your lifetime are “poured over” into it after your death. This tool ensures that your estate plan functions as intended and that your wishes are carried out smoothly and efficiently under Illinois law. Without this safeguard, unaccounted assets may need to pass through probate, potentially causing delays, expenses, and unintended distributions.
Under Illinois law, a will is governed by the Illinois Probate Act of 1975 (755 ILCS 5/1-1 et seq.), which allows an individual to direct how their assets will be distributed upon death. A pour-over will differs from a traditional will because it does not contain detailed instructions about every asset. Instead, it directs that any property left outside the trust at death be transferred into an existing revocable living trust. Once transferred, those assets are distributed in accordance with the terms of that trust.
For example, if you establish a trust but later purchase a new home or open a new investment account without retitling it in the trust’s name, your pour-over will ensure that this property eventually ends up in the trust after probate. This process provides consistency and ensures all assets are managed under one unified plan.
A revocable living trust, authorized under the Illinois Trust Code (760 ILCS 3/101 et seq.), allows individuals to manage their assets during life and transfer them directly to beneficiaries upon death without probate. However, for a trust to function properly, assets must be retitled in the name of the trust. A pour-over will complement the trust by catching any overlooked property.
In practical terms, the pour-over will act as a backup. When a person dies, any property titled solely in their name (not already owned by the trust or with designated beneficiaries) becomes part of their probate estate. The will directs the executor to transfer that property to the trust, after which the trustee distributes it as instructed in the trust document. This coordination ensures that your estate remains consistent with your broader plan, even if certain assets were not transferred before death.
One major advantage of a pour-over will is completeness. It ensures that every asset, whether transferred to the trust during your lifetime or not, ultimately ends up in the same place. This uniformity prevents confusion among beneficiaries and simplifies administration.
A second advantage is privacy. While the will itself becomes a public record during probate, once the assets are transferred to the trust, further distributions occur privately. The details of the trust, including the beneficiaries and terms, remain confidential under 760 ILCS 3/813, which governs trustee duties and disclosure obligations.
A third benefit is control. Because the trust—not the probate court—governs distribution, your chosen trustee has the authority to act according to your written instructions. This minimizes disputes, streamlines administration, and reduces the potential for costly litigation among heirs.
It is important to understand that a pour-over will does not entirely avoid probate. Any assets not already titled in the trust must still go through the probate process before they can be transferred. The executor appointed under your will is responsible for inventorying, valuing, and transferring those assets to the trustee. However, with careful estate planning, the value of assets passing through probate can often be minimized.
Additionally, a pour-over will cannot transfer assets that already have designated beneficiaries, such as retirement accounts, payable-on-death bank accounts, or life insurance policies. Those assets pass directly to the named beneficiaries and are not governed by either your will or trust.
At Orlowsky & Wilson, we work closely with our clients to ensure that every piece of their estate plan functions together. We prepare wills, trusts, and supporting documents that reflect your unique goals. When establishing a pour-over will, we review all assets, confirm title ownership, and help ensure that your trust is properly funded. This proactive approach helps prevent assets from unintentionally bypassing your plan and being distributed according to intestate succession under 755 ILCS 5/2-1, which applies when someone dies without a valid will.
A pour-over will serve as a backup to your living trust. It directs that any assets not titled in the trust at your death be transferred into it. This ensures that all assets are ultimately governed by your trust’s terms, keeping your estate consistent and easier to administer.
Not entirely. Assets already held in your trust bypass probate, but those still in your name must go through probate before being transferred to the trust. The executor manages this process under the Illinois Probate Act (755 ILCS 5/6-1). Effective planning, however, can reduce the value of assets subject to probate.
It can transfer any property that is part of your probate estate, such as real estate, personal property, and financial accounts held solely in your name. However, accounts with beneficiary designations, such as IRAs, 401(k)s, and life insurance policies, transfer directly to the beneficiaries and are not affected by the pour-over will.
If you die without a pour-over will, assets not titled in your trust may be distributed according to Illinois intestate succession laws. This means property could go to relatives you did not intend to include, and your estate could face additional costs and delays.
Yes. Both a revocable living trust and a pour-over will can be updated at any time during your life, as long as you remain competent. We recommend reviewing your estate plan after major life changes, such as marriage, divorce, birth of children, or acquisition of significant assets, to ensure it continues to reflect your wishes.
Estate planning involves compliance with multiple Illinois statutes and detailed formalities for execution. An attorney ensures your documents are properly drafted, witnessed, and coordinated with your trust and beneficiary designations. This helps avoid disputes, probate complications, or unintended distributions after death.
If you want to ensure your estate plan works smoothly and that every asset is protected under Illinois law, our legal team at Orlowsky & Wilson can help. We assist clients throughout Lincolnshire, Chicago, and the surrounding communities with creating coordinated wills and trusts that safeguard their families and legacies. Contact our Lincolnshire estate planning lawyers at Orlowsky & Wilson (847) 325-5559 to schedule a consultation and learn how a pour-over will can strengthen your estate plan.
