Free Delaware Pour-Over Will

A pour-over will directs any assets not already in your revocable living trust to transfer into the trust at death. It catches property you forgot to retitle, assets acquired after the trust was created, and personal belongings. In Delaware, these pour-over assets go through probate before reaching the trust — but they still follow the trust's distribution plan rather than state intestacy law.

No — assets transferred through a pour-over will go through Delaware probate, which typically takes 6-12 months. Assets already titled in the trust at death bypass probate entirely. If the pour-over assets total less than $30,000, Delaware's Distribution Without Letters may apply — a faster path. Use the probate need checker to see what may require probate.

A pour-over will follows the same execution requirements as any Delaware will: 2 adult witnesses present at signing.12 Del. C. § 202Verified Apr 14, 2026 A notary is optional for validity, but our form includes a self-proving affidavit that simplifies probate.

This form includes fields for alternate beneficiaries. If the trust doesn't exist, has been revoked, or is found invalid at death, assets go to your named alternates instead of Delaware intestacy distribution. This is an important safeguard — it ensures your assets have a destination regardless of what happens to the trust.

Trust assets can be distributed after Delaware's 8-month creditor notification period, without court involvement.12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026 Pour-over assets go through probate, which typically takes 6-12 months. Funding your trust during your lifetime saves your family time, cost, and privacy.

Yes. You can create a new pour-over will at any time — a new will revokes prior versions when it includes revocation language (our form includes this). Any new version must meet Delaware's execution requirements: 2 witnesses. Most families update their pour-over will whenever they update their trust.