Article / Updated 03-26-2016
Because federal and state tax authorities are much more concerned with how much of the decedent’s property they can tax, they allow for a much broader definition of what the decedent owned at the time of his or her death.
Although the probate estate includes only property in the decedent’s name alone or payable to the estate, for estate tax purposes all property owned by the decedent in any form, including jointly held or in a revocable trust, and any property payable to any person or the probate estate as a result of the decedent’s death, is includible in the taxable estate.