Which of the following is included in an augmented estate for calculating elective shares?

When calculating the elective share for a surviving spouse, the concept of the augmented estate is crucial. The augmented estate includes not only the net probate estate—assets that are subject to probate—but also certain lifetime transfers made by the decedent. This approach ensures that the surviving spouse receives a fair share that takes into account both the assets that are directly under the control of the decedent's estate at the time of death and significant transfers made prior to death that could potentially diminish the surviving spouse's share.

The inclusive nature of the augmented estate serves to prevent a decedent from disinheriting a spouse by transferring assets during their lifetime or structuring their estate in a way that minimizes the value of the estate left at death. Typically, the augmented estate encompasses the entire net probate estate in addition to certain gifts made during life, ensuring that the spouse's rights are protected irrespective of the overall estate plan the decedent may have intended.

By recognizing these lifetime transfers, the augmented estate calculation aligns with the legal principles of spousal protection under elective share laws, allowing the surviving spouse to claim a portion of the total value of the decedent’s assets, as opposed to being limited solely to what is found in the probate assets.

Thus, the correct response reflects the