The Probate Estate is the property a deceased person owned that is subject to probate. This is not always the same as all the property that was owned as not everything is necessarily subject to probate. Property that is held in a Living Trust are not subject to probate and thus not part of the Probate Estate. The same is true for real estate held as Joint Tenants. Since these are not part of a Probate Estate, a probate action is not needed for passing on these holdings. In contrast, property that is owned but not part of a Living Trust, even if they are specified in a Will, are subject to probate and part of a Probate Estate. This is true even if the Will leaves the property to the Trust. The action of passing the property by means of the Will to the Trust is subject to Probate.