A pourover will is a will that transfers all the property of the deceased person—known as the testator or decedent—to an existing trust at the testator’s death. The trust is created during the testator’s lifetime and in the trust context the testator is known as the grantor, settlor, or trustor—the person who creates the trust and funds the trust at death with assets “poured over” from the grantor’s will.

For most smaller estates the trust is a revocable living trust that allows the grantor to control the assets and change the trust during the grantor’s lifetime.

A pourover will is designed to avoid the probate process, with the estate assets being distributed to the trust beneficiaries by the trustee of the trust under the terms of the trust provided by the grantor. A pourover will also ensures that any assets the testator failed to add to a trust (accidentally or purposely) are transferred to the trust for distribution—avoiding claims of partial intestacy (no will with respect to the omitted assets), disputes, litigation, and the court-supervised probate or administration process.

In Iowa, a pourover will is a legal document that works in conjunction with a trust, typically a revocable living trust. The will specifies that any assets not already in the trust at the time of the testator's death will be transferred ('poured over') into the trust. The trust, which is created during the grantor's lifetime, allows the grantor to maintain control over the assets and make changes to the trust while alive. Upon death, the assets are distributed to the beneficiaries according to the terms of the trust, with the intention of avoiding the probate process. This can simplify the administration of the estate and help to prevent disputes or litigation that might arise from assets not included in the trust. It's important to note that while a pourover will can help bypass probate for assets transferred to the trust, it does not eliminate the need for probate entirely, especially if the estate includes assets outside the trust. An attorney can provide specific guidance on creating a pourover will and trust in accordance with Iowa law.