What happens if someone creates a trust but forgets to move every asset into it before death? A pour-over will is a will that directs any probate assets still owned in the person's individual name at death to be transferred into a trust, usually a revocable living trust. The will does not avoid probate for those assets. Instead, it acts as a backup: property that was never retitled to the trust is collected through the probate estate and then "poured over" into the trust for management and distribution under the trust's terms.

That structure matters because it keeps one set of distribution instructions in the trust rather than splitting assets between a will and a trust. It can also simplify administration for a personal representative and reduce the risk of inconsistent gifts. In Mississippi, the will still must satisfy the state's execution rules for a valid will under Mississippi Code Annotated § 91-5-1. If the pour-over will is invalid, assets left outside the trust may pass under an earlier valid will or by intestate succession.

For an injury-related estate, the difference can be practical. If settlement funds, unpaid medical reimbursement claims, or other estate assets remain outside the trust at death, a pour-over will can direct them into the trust after probate. That can affect who ultimately receives the money, how quickly it is managed, and whether disputes arise among beneficiaries.