Also known as: net probate estates
Written by attorneys · grounded in primary & secondary sources — see below
The portion of a decedent's probate estate remaining after deduction of claims against the estate, taxes for which the estate is liable, family allowances, exempt property, and homestead allowances. This amount is the property that passes to heirs by intestate succession or to devisees by testate succession, subject to other overriding claims such as a surviving spouse's elective share.
Nathaniel Newman executes a will leaving his collection of antique watches specifically to his niece and $50,000 demonstratively from his brokerage account to his nephew. After those gifts and payment of all claims, taxes, and allowances, $180,000 remains in the estate. The residuary clause directs the balance to a charity, so the charity receives the net probate estate.
Norman Nash dies leaving a will that gives his entire estate to his children. His surviving spouse elects her statutory share. After applying amounts already received by the spouse, the unsatisfied balance is satisfied first from the net probate estate passing to the children, with liability apportioned among the recipients in proportion to the value of their interests.
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The probate estate is first determined by identifying all assets subject to administration. Deductions are then made for family allowances, exempt property, homestead allowances, claims against the estate, and taxes for which the estate is liable. The resulting figure is the net probate estate.
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After amounts passing directly to the spouse are credited, the unsatisfied balance of the elective-share amount is satisfied first from the net probate estate (other than assets already passing to the spouse) and certain nonprobate transfers to others, with liability apportioned proportionately among the recipients.
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No. The net probate estate consists of all probate property remaining after the listed deductions, whether it passes by will or by intestacy. A will that fails to dispose of the entire net probate estate results in partial intestacy as to the undisposed portion.
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The net probate estate is limited to probate assets after deductions. The augmented estate is a broader statutory construct that adds the net probate estate to specified nonprobate transfers by the decedent and certain property of the surviving spouse to determine the marital-property portion subject to the elective share.
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