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In order to make a valid handwritten will in Texas, the entire document must be in your own handwriting. No one can write any part of it except for you, and no part of it can be typed. You can write in cursive or print, but the entire will must be in your handwriting only.

A pour over will functions after an individual has already created a trust and funded the trust—meaning, they have placed certain assets in the trust to be given to beneficiaries after their death in order to avoid the probate court process.

Drafting a Pour-Over Will in Texas A pour-over will is a safety net. It is a legal document that transfers (or “pours”) assets into your trust at death if you have not transferred all of them to your trust during your lifetime. Living trusts and pour-over wills should be executed simultaneously.

A pour-over will is a will used alongside a living trust. You can use it to transfer assets not already held in your trust before you die into your trust after your death.

The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.

However, in Florida, a pour-over Will does go through probate. This means that whatever property has not been transferred prior to death will become part of the public record and count toward your estate administration fees and estate taxes.

Disadvantages of Wills May be subject to probate and possible challenges regarding validity. Can be subject to federal estate tax and income taxes. Becomes public record which anyone can access.

Two types of wills are recognized in Texas: formal and holographic. A formal will requires that at least two people over the age of 14 witness the signing of the document. An attorney should draft your formal will.

The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.

“With a living trust, you're paying everything up front. With a will, you're pushing off all the expensive of probate until after you're gone,” says Gonzales. A trust is more expensive to put together up front, which may be one reason why many lawyers promote them.