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You don’t have to open probate. Even if you are named executor and there are assets, you don’t have to open probate unless you actually want to administer the estate. If there are no assets then there is nothing to probate ;)
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Reply to worriedinCali
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We did not have to file when a relative died with no assets. This was in New York.
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Reply to Marcia732
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If an estate is tiny, or all assets pass outside of probate, will, etc, such as in the case of a Trust or only POD accounts (pay on death) or cars that are titled so that they are either/or, then you likely do not need to file probate. But I would check with a Lawyer for your own State to be certain. If you are not named an executor you definitely do not have to file probate, but on the other hand, if there ARE assets hidden off somewhere, they can be entirely lost by not doing so. They are some on Forum very familiar with how all this works, and hope Mstrbill, igloo, Stacy, and some others are about and see your question. Do research online asking this very question: When does probate not have to be filed in ________(list state.)
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Reply to AlvaDeer
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