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Simple English definitions for legal terms
Net Probate Estate
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A quick definition of Net Probate Estate:
Net Probate Estate: The net probate estate is everything a person owned that goes through a special court process after they die. This process is called probate. It does not include things that were given away before they died or things that were owned jointly with someone else.
A more thorough explanation:
The net probate estate refers to the total assets of a deceased person that are subject to probate court administration. This excludes any assets that are considered will substitutes, such as joint tenancy property or assets held in a living trust.
For example, if a person dies and leaves behind a will, the assets that are listed in the will and are subject to probate court administration would be considered part of the net probate estate. However, if the person had a joint bank account with their spouse, the funds in that account would not be included in the net probate estate because they would automatically transfer to the surviving spouse outside of probate.
Another example would be if a person had a life insurance policy with a named beneficiary. The proceeds from that policy would not be included in the net probate estate because they would go directly to the named beneficiary outside of probate.