The Short Answer

A pour-over will is a will designed to “catch” assets that were not transferred into your trust during life and, at death, direct those assets into the trust. In Florida, this is generally allowed as long as the trust is properly identified and evidenced in writing, but the assets that “pour over” may still have to go through probate first.

What Florida Law Says

Most revocable living trust plans still include a will because people often forget to retitle an account, acquire new property, or leave something in their individual name. A pour-over will acts as a backstop: it directs probate assets into the trust so they can be distributed under the trust’s terms (instead of under a standalone will distribution scheme).

The Statute

The primary law governing this issue is Fla. Stat. § 732.513.

This statute establishes that a valid will can devise (leave) property to the trustee of a trust that is evidenced by a written instrument in existence when the will is made (or signed concurrently), and the property will be administered under the trust terms (including later amendments), unless the trust was entirely revoked before death.

If you’re comparing whether you need a will, a trust, or both, you may also find this helpful: Do Revocable Living Trusts Avoid Probate Better Than a Simple Will in Florida?

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate creditor-claim deadlines can be short, and there is also a hard 2-year outer limit for many claims against an estate under Fla. Stat. § 733.710 (with related timing rules in § 733.702).
• Burden of Proof: Whether an asset actually “belongs” to the trust often turns on title, beneficiary designations, and documentation—issues that can trigger disputes among heirs and beneficiaries.
• Exceptions: Florida has unique rules around homestead and how it can pass at death; even when a trust is involved, homestead restrictions can override intended planning in certain situations (see, e.g., Fla. Stat. § 736.1109).

Trying to handle this alone can lead to avoidable probate delays, unintended beneficiaries, or a plan that fails when it matters most. An attorney can review your trust, your will, and your asset titling together to confirm the pour-over will actually accomplishes what you intend under Florida law.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.