Often an individual creates a trust but it is not fully funded upon his or her death in that one or more assets are not in the trust’s name. Most attorneys will draft what is called a “pour over” will to remedy this situation. A “pour over” will is a will in which the only beneficiary is the trust. While a probate estate will need to be opened, once the asset has been probated, it will be “poured” over into the trust so that the asset can be distributed according to the terms of the trust. If there is no will, then the probate estate of the non-trust assets may have different beneficiaries than the trust.