A California Living Trust is created during a person’s lifetime. Any assets in a living trust does not need to be probated.
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A pourover Will is a valid California Will that includes a trust provision. These pourover Wills allows the assets in the decedent’s estate to “pour over” into a trust. This type of trust is most useful, should the decedent not have transferred assets prior to their death. The primary distribution of assets through a pour-over will is to the living trust, not to the beneficiaries of the estate. The result is that the assets that should have been transferred to the trust before the decedent’s death will be transferred to the trust after the death and then distributed in accordance with the provisions of the living trust. The main drawback is that if those assets total more than $150,000, the will must be probated for any transfers to the trust.
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