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 $50,000, 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 Jul 15, 2026 A notary is optional for validity, but our form includes a self-proving affidavit that simplifies probate. See all Delaware signing requirements.

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 If the trust doesn't exist, has been revoked, or is found invalid at death, assets go to your named alternates instead of Delaware intestacy distribution.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.

Delaware has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 8 months), which the trustee settles before distributing.12 Del. C. § 3536(c) (trustor's creditors reach revocable-trust assets to the extent of trustor contributions, subject to ordinary statutes of limitations); 12 Del. C. §§ 2101-2102 (estate claims barred 8 months after death whether or not Register-of-Wills notice given). Delaware has no standalone trust nonclaim statute (no UTC § 505 analog) and imposes no affirmative trustee duty to notify creditors. Verified 2026-06-19.Verified Jul 15, 2026 Either way, trust assets reach beneficiaries without court involvement. Pour-over assets, by contrast, 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.

Yes. A pour-over will only directs assets into a trust you've already created — without one, it's just a regular will. If you don't have a trust yet, you can set one up and pair it with this pour-over will as a safety net.