This guide is intended to help folks ensure their pour-over wills properly pour over into a revocable trust. Cal. Probate Code § 6300 revised the requirements in 2017, so it's important that the will and trust are formed properly.
Pursuant to Probate Code § 6300, a testator's will may pour over into a trust if the trust was formed prior to the will's execution. This means the testator's wishes will be fine as long as the trust was established before the will's execution.
Concurrently With Execution
Pursuant to Probate Code § 6300(a), a testator's will may pour over into a trust if the trust was formed "concurrently with" the will's execution. This means the testator's wishes will be followed if the trust and will are formed at the same time. This usually happens if there's a signing ceremony where both the will and trust are executed at the same time.
Within 60 Days
The expansion of Probate Code § 6300 in 2017 allowed pour-over provisions to be allowed if the trust were executed within 60 days after the execution of the will. This usually arises if the trust is formed after the will, like if a notary is not available during the signing ceremony.
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