The Short Answer

A pour-over will is a will designed to “catch” assets that are still in your individual name at death and direct them into your trust. In Pennsylvania, this is generally allowed, but it does not automatically avoid probate—assets that are only in your name may still need to go through the estate process before they can be transferred to the trust.

What Pennsylvania Law Says

In a typical estate plan, a revocable living trust holds (or is intended to hold) your assets during life and then controls how they are managed and distributed after death. A pour-over will acts as a backstop: if something was never transferred into the trust (or a new asset was acquired and left outside the trust), the will “pours” that property into the trust at death so the trust’s terms control what happens next.

However, if an asset is still titled solely in the decedent’s name, it often becomes part of the probate estate first—meaning the executor may need authority from the Register of Wills/Orphans’ Court process before it can be moved into the trust.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 2515 (Devise or bequest to trust).

This statute establishes that a will can leave property to the trustee of a trust (including an unfunded trust), and that the gift generally becomes part of the trust principal to be administered under the trust instrument (including later amendments), even if the trust is revocable or amendable.

If you’re weighing whether a trust-based plan makes sense for you, you may also find helpful context in What Are the Benefits of a Trust vs. a Will in Pennsylvania? and Do Revocable Living Trusts Help Avoid Probate More Than a Simple Will in Pennsylvania?.

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: Even with a trust plan, probate filings and creditor/tax timelines can still matter if assets are in your sole name at death.
• Burden of Proof: If the will or trust is challenged (capacity, undue influence, authenticity), the estate can end up in litigation and the “pour-over” plan may be delayed or disrupted.
• Exceptions: A key statutory pitfall is that if the trust is entirely revoked before death, the pour-over gift can fail unless the will clearly directs otherwise. See 20 Pa.C.S. § 2515.

Because a pour-over will is often only as effective as your trust funding and beneficiary designations, an attorney can review titles, account ownership, and plan documents to reduce the risk of unintended probate, disputes, or distributions that don’t match your intent.

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Disclaimer: This article provides general information under Pennsylvania 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.