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 Mississippi, a pourover will is a legal document that works in conjunction with a trust, typically a revocable living trust. The pourover will specifies that any assets not already placed in the trust during the grantor's lifetime will be transferred to the trust upon the grantor's death. This mechanism is designed to ensure that all of the grantor's assets are managed and distributed according to the terms of the trust, thereby avoiding the probate process for those assets. The trust, created during the grantor's lifetime, allows the grantor to maintain control over the assets and make changes to the trust as needed. Upon the grantor's death, the assets 'pour over' into the trust and are distributed to the beneficiaries by the trustee, in accordance with the trust's instructions. This helps to prevent disputes and litigation that may arise from claims of partial intestacy for any assets not included in the trust. It is important to note that while a pourover will can help streamline the estate settlement process, it does not completely eliminate the need for probate in Mississippi, as the will itself must still be validated by the probate court.