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When planning your estate, terms like testamentary trust and pour-over will can sound technical—but understanding the difference is important for protecting your family and assets.
Both tools involve wills. Both involve trusts. But they work in very different ways.
Here’s what you need to know about a testamentary trust vs. a pour-over will—and how each functions in the context of Georgia law.
What Is a Testamentary Trust?
A testamentary trust is a trust that’s created in your will and becomes active after your death.
It’s commonly used to manage inheritances for minor children or young adults, allowing you to:
- Delay access to assets beyond age 18
- Appoint a trustee to manage the funds
- Provide structured distributions over time
- Ensure the money is used for education, health, or living expenses
Since the trust is part of your will, it must go through probate in Georgia before becoming active.
👉 Learn how testamentary trusts protect minors
What Is a Pour-Over Will?
A pour-over will is used in conjunction with a revocable living trust. It acts as a safety net—“pouring over” any assets you forgot to title in the trust into the trust at your death.
Here’s how it works:
- During your lifetime, you create and fund a revocable living trust
- The trust holds most of your assets (home, accounts, etc.)
- The pour-over will catches anything left out and sends it into the trust after probate
It’s a backup—not a standalone plan. A pour-over will ensures that everything eventually ends up in the trust, even if you missed something during your life.
👉 Explore revocable living trusts in Georgia
Key Differences: Testamentary Trust vs. Pour-Over Will
| Feature | Testamentary Trust | Pour-Over Will |
|---|---|---|
| Created Through | Last Will and Testament | Works with a Revocable Living Trust |
| When It Takes Effect | After death, through probate | After death, through probate |
| Purpose | Manage minor or controlled inheritances | Transfer missed assets into a trust |
| Probate? | Yes | Yes (for unfunded assets) |
| Flexibility in Life? | None (trust doesn’t exist until death) | High (you control the trust while alive) |
| Best For | Parents of minors who don’t want a trust now | Anyone using a living trust as their main plan |
Which One Do You Need?
It depends on your goals:
Choose a Testamentary Trust if:
- You want a basic will that controls how children inherit
- You don’t want to manage a trust while alive
- You’re okay with probate after death
Choose a Pour-Over Will if:
- You already have (or want) a revocable living trust
- You want to avoid probate for most assets
- You want to keep your estate plan private and flexible
In some cases, clients benefit from both—especially if they have young children and a trust-based estate plan.
Let Hurban Law Help You
Testamentary trusts and pour-over wills are both tools to help ensure your wishes are followed—but they serve different strategies. One builds a trust after death. The other supports a trust you create while you’re alive.
At Hurban Law, LLC, we help Georgia families choose the right tools to fit their needs, whether that means a simple will, a trust-based plan, or both.
Contact us today to make sure your estate plan is complete—and built to work.
