Written by attorneys · grounded in primary & secondary sources — see below
A statutory construct that aggregates the value of a decedent's net probate estate, specified nonprobate transfers to others, nonprobate transfers to the surviving spouse, and the surviving spouse's own property and nonprobate transfers to others. The construct isolates the marital-property portion of those aggregated assets so that a surviving spouse may claim an elective-share amount equal to fifty percent of that portion.
Sources & Authorities
How it applies
Common Examples
2
Joint Accounts Retained Control
Audrey Ashton died domiciled in a UPC state after transferring most of her investment portfolio into joint accounts with rights of survivorship that named her adult son from a prior marriage. She retained check-writing authority on the accounts until death. Her surviving spouse Anthony Arnold petitioned for an elective share. The court included the accounts in the augmented marital property estate because the retained authority showed the transfers were not absolute, allowing Anthony to claim fifty percent of the marital-property portion.
Late Petition Excludes Transfers
Abigail Alvarez died leaving substantial assets in nonprobate transfers to her children from a prior marriage. Her surviving spouse Austin Abbott filed a petition for an elective share ten months after death. Because the filing exceeded nine months from death, the nonprobate transfers were excluded from the augmented marital property estate when calculating Austin's share.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Study Supplements
Common questions
Frequently Asked
4
What assets are aggregated to form the augmented marital property estate?+
The construct sums the decedent's net probate estate, nonprobate transfers to others, nonprobate transfers to the surviving spouse, and the surviving spouse's own property and nonprobate transfers to others. Overlapping inclusions are resolved by selecting the provision that yields the greatest value.
Supporting sources
How is the marital-property portion isolated from the full augmented estate?+
The UPC applies a sliding percentage schedule based on the length of the marriage to approximate the marital share of the aggregated assets. The percentage reaches a maximum of fifty percent after fifteen years of marriage.
Supporting sources
Does filing an elective-share petition after nine months affect inclusion of nonprobate transfers?+
Yes. Nonprobate transfers to others are excluded from the augmented marital property estate if the petition is filed more than nine months after death, even if filed within six months after probate.
Supporting sources
Are homestead, exempt property, and family allowances charged against the elective share?+
No. These allowances are payable in addition to the elective-share amount calculated from the marital-property portion of the augmented estate.
Supporting sources
725 A.2d 56 (N.J. Sup. 1999)Contracts
…event of plaintiff's death during marriage to defendant, she waived even her right to a surviving spouse's elective share of the augmented estate under N.J.S.A. 3B:8-1. We note that under the agreement, only the entry of "a Final Judgment of Divorce" triggers the obligation to pay the $500,000 to defendant. Defendant argues that the…
Real PropertyOwnership of real property · Present estates and future interestsUBEIntermediate