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Understanding Pour-Over Wills in Maryland: How They Work and Why You Need One

Yollette Atkinson June 10, 2025

Estate planning involves various legal tools to ensure that your assets are managed and distributed according to your wishes. One such tool is a pour-over will, which works in conjunction with a trust to simplify asset distribution after death. If you are considering estate planning in Maryland, understanding how a pour-over will functions can help you make informed decisions about your legacy.

What is a Pour-Over Will?

A pour-over will is a type of will that directs any remaining assets in your estate to be transferred (or “poured over”) into a previously established revocable living trust upon your death. This ensures that any assets not already included in the trust are still managed according to your estate plan.

In Maryland, a pour-over will acts as a safety net, catching any assets that were left out of the trust, whether due to oversight or new acquisitions before death. These assets then pass through probate before being transferred to the

How Does a Pour-Over Will Work in Maryland?

1. Establishing a Revocable Living Trust

A pour-over will is most effective when paired with a revocable living trust. A trust allows assets to bypass probate, providing faster and more private distribution to beneficiaries. Assets held in the trust before death do not go through probate, but any assets outside of the trust must be handled by the pour-over will.

2. Drafting and Executing the Pour-Over Will

A properly drafted pour-over will states that any remaining assets should be transferred to the trust upon the testator’s death. In Maryland, a valid will must be:

  • In writing

  • Signed by the testator

  • Witnessed by at least two individuals (Md. Code, Estates and Trusts § 4-102)

3. Probate Process for Assets Not in the Trust

While the purpose of a revocable trust is to avoid probate, assets that were not transferred into the trust before death must first go through Maryland’s probate process before they can be placed in the trust. The personal representative (executor) named in the will manages this process.

 

4. Transferring Assets into the Trust

Once probate is complete, the assets covered by the pour-over will are officially transferred into the trust. From there, they are distributed according to the trust’s terms, ensuring consistency in estate administration.

Advantages of a Pour-Over Will in Maryland

  • Ensures all assets are managed by the trust – Any assets not placed in the trust before death are still controlled under its terms.

  • Simplifies estate distribution – Reduces the risk of intestacy (dying without a will) for assets outside the trust.

  • Maintains privacy – While the pour-over will itself goes through probate, once assets enter the trust, they are distributed privately without further court involvement.

  • Provides continuity – Ensures all assets are managed under a single estate plan, reducing complications for heirs.

Potential Drawbacks

  • Probate still applies – Unlike assets already in a trust, assets covered by a pour-over will must go through probate before reaching the trust.

  • Delayed distribution – Probate can take several months, delaying when beneficiaries receive their inheritance.

  • Trust funding is essential – If assets are not proactively placed into the trust before death, they must pass through probate, defeating the purpose of avoiding it.

How to Ensure Your Estate Plan is Effective

To maximize the benefits of a pour-over will in Maryland, consider the following:

  • Regularly update your trust to include newly acquired assets.

  • Work with an estate planning attorney to ensure your will and trust comply with Maryland law.

  • Use beneficiary designations on financial accounts to avoid probate when possible.

  • Title assets properly to ensure they are owned by the trust during your lifetime.

Conclusion

A pour-over will is a crucial component of a well-structured estate plan in Maryland, ensuring that any assets left outside a trust are still distributed according to your wishes. While it does not entirely eliminate probate, it provides a seamless way to integrate all assets into a single estate plan. For the best results, work with an estate planning attorney to create a comprehensive plan that includes both a pour-over will and a revocable living trust.

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At Atkinson Law, we listen to all our clients and protect their interests so they can receive a positive legal outcome.  We’ll work with you and give you the best possible recommendation for your future.  To learn more about Estate and Trusts, contact us today by calling (410) 882-9595.