Bob and Mary, a retired couple living in Arizona, believed they had everything in place. Years ago, they created a revocable living trust to avoid probate and manage their estate. When asked whether they had a will, Bob confidently replied, “We don’t need one—the trust covers it all.”
But after Bob passed away unexpectedly, Mary realized something crucial had been overlooked:
This situation is more common than people realize—and it shows exactly why you still need a will, even if you have a trust.
A living trust is one of the best tools for avoiding probate and ensuring privacy. But it only works for the assets you remember to transfer into it. Many people forget to include everyday items like vehicles, checking accounts, and personal property.
✅ It serves as a backup plan—catching any assets that didn’t make it into the trust.
✅ It avoids court decisions about how to distribute untitled or leftover assets.
✅ It lets you name a guardian for minor children—something a trust can’t do.
✅ It allows you to name an executor, giving someone authority to settle final matters.
Without a will, any asset outside of your trust must go through probate.
Even if you have a trust, dying without a will (known as dying intestate) can lead to problems. In both Arizona and New Mexico, state laws—not your intentions—determine who gets your assets.
❌ Assets not titled in the trust—like a vehicle or bank account—must go through probate.
❌ The court decides who inherits personal belongings and untitled property.
❌ If you have minor children, the court chooses their guardian, not you.
Lisa, a widow in New Mexico, had a trust but never transferred her checking account or car into it. When she passed, her son had to go through probate just to access those funds—despite the existence of the trust.
If you already have a trust, the best way to ensure nothing is left out is to create a pour-over will.
✅ Catches all assets that were not transferred into the trust.
✅ Directs those assets to “pour over” into your trust upon your passing.
✅ Appoints an executor to handle final affairs and manage the transfer.
A pour-over will doesn’t replace your trust—it works with it to create a complete estate plan. It ensures no asset gets left behind, even if it was unintentionally excluded from your trust.
If you’re using a living trust, here’s what your pour-over will should cover:
This approach eliminates gaps in your estate plan and ensures a smoother transition for your loved ones.
To ensure your estate plan is truly complete, follow these steps:
They’ll help you review your trust, identify gaps, and draft a pour-over will that complies with Arizona or New Mexico law.
Make a list of everything you own. Check which assets have been titled in your trust’s name—and which haven’t.
If you already have a will, ensure it includes language that directs unassigned assets to your trust.
Major life events—such as marriage, divorce, the birth of a grandchild, or purchasing new property—should trigger an update to your will and trust.
Even if you’ve done the work to create a trust, your estate plan isn’t complete until you’ve backed it up with a legally valid will. A trust only protects what it owns—and anything outside it could still face probate without a will in place.
A pour-over will ensures that nothing gets missed, your assets stay protected, and your loved ones avoid the stress of court battles or unintended outcomes.
At Walk-in Wills, we help individuals and families create complete, legally sound estate plans. Whether you need to draft a new will, update an old one, or coordinate it with an existing trust, our estate planning attorneys are here to guide you.
Call 480-470-7000 to schedule a free consultation and protect your family’s future today.
