Any property held in a decedent\’s individual name at the time of death will be subject to probate; that process is unavoidable.
Through the probate process, the deceased person’s property ultimately will be transferred to the Trust pursuant to the terms of the pour-over will, so long as the Pour Over Will has been properly executed.
Proper funding of a Trust is absolutely critical to avoid probate. The pour over will is provided with the Living Trust documents as a “catch all” and should not be relied upon to fund a Trust.
Complete details can be found here on the Standard Legal Living Trust legal form software.