What Is a Pour-Over Will in Ohio?
The will directs property toward the trust
A pour-over will includes a gift of probate property to a trustee under an identified trust arrangement. It is commonly used as a backstop alongside a revocable living trust. Section 2107.63 supplies Ohio’s framework for testamentary gifts to the trustee of a trust meeting the statutory conditions.
Follow the order of administration
The probate fiduciary first handles property subject to estate administration. Proper expenses, claims, and other superior obligations must be addressed before available property passes onward. The trustee’s later administration is a separate stage. Naming the trustee in the will does not erase the executor’s work or turn the probate asset into a lifetime trust asset retroactively.
Identify the trust accurately
Provide counsel with the signed trust, amendments, and will rather than only a trust summary. The statute addresses how amendments and revocation can affect the testamentary gift. A mistaken trust reference or a revoked arrangement can create issues requiring interpretation. Do not improvise a new trust date in an existing will or assume a handwritten correction completes a valid update.
Keep the backstop from becoming the main route
Regular funding review reduces the chance that substantial assets unexpectedly require probate before reaching the trust. Confirm deeds, account registrations, and intended beneficiary designations. If a newly discovered asset must pass through probate, the pour-over provision may still serve its purpose. The practical goal is a coordinated transfer, not a promise that every asset will avoid court administration.
Related Ohio guidance
Legal references
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