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Do I still need to probate a will if there is no assets?

Berwyn, PA |

will and trust

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Attorney answers 3

Posted

If there are no assets, there is nothing to probate

Posted

It makes sense that if there are no assets there is nothing to probate. However, in most states, if you have the original Will in your possession, you are required under the law to file it with the probate office in the county in which the decedent lived. In Maryland, for example, you would file the Will and include a form stating it was a "Will of No Estate."

Posted

Generally, you would not need to probate the will. However, here is one big exception. If the decedent is owed a tax refund form the IRS or PA then you will need an estate account to deposit the refund checks that are usually made payable to the estate.

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