Does a pour-over will pass assets through probate?

What a pour-over will does

A common arrangement transfers property to a revocable trust during life and uses a pour-over will to direct remaining probate property to that trust at death.

Practitioners describe a pour-over will as sending individually owned assets at death into the trust through probate. It does not eliminate probate.

Practitioners also say assets left in the individual's name, instead of retitled to the trust, pass under the will and go through probate.

State statutes that allow the devise

Alaska law says a will may validly devise property to the trustee of a trust established during the testator's lifetime, or at death by devise to the trustee if the will identifies the trust.

Oregon permits a will to devise property to a trustee regardless of the trust's existence, size or character. The trust must be established, or be going to be established, by the testator or others, and the will must identify it.

Connecticut law allows a will to devise or bequeath property to the trustee of a trust established during the testator's lifetime or at death. The will or codicil must identify the trust, and its terms must be in a written instrument.

Treatment of the trust property

Unless a Connecticut will provides otherwise, property bequeathed to a qualifying trust becomes part of that trust. It is administered under its governing instrument, including amendments made before or after the testator's death.

Unless the will provides otherwise, a Connecticut bequest to a trust that was revoked or terminated before the testator's death lapses.