Define: Augmented Estate

An augmented estate is a legal concept used in some jurisdictions to calculate the portion of a deceased person’s estate that is subject to claims by a surviving spouse or domestic partner. It typically includes not only the assets and property directly owned by the deceased at the time of death but also certain assets that may be considered part of the marital or community property, such as gifts made during the marriage, life insurance proceeds, and certain types of trusts. The purpose of the augmented estate is to ensure that surviving spouses or domestic partners receive a fair share of the deceased’s estate, even if certain assets are not directly included in the probate process. The rules governing augmented estates vary by jurisdiction, so it’s essential to consult local laws and seek legal advice to understand how they apply in a specific situation.

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse’s estate. (This is called taking against the will.) The amount of this “statutory share” or “elective share” depends on state law.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.