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ranger948 · Mar 31, 2011, 04:49 PM

The person does not have many assets.

ballengerb1 · Mar 31, 2011, 05:27 PM

Did the person actually have a will? If so it must be probated

ranger948 · Mar 31, 2011, 05:35 PM

The person had a will. Where does one go to probate it? What happens then? What does it mean?

ballengerb1 · Mar 31, 2011, 05:41 PM

It would be helpful to also consult an attorney. How to Probate a Will in Pennsylvania

AK lawyer · Mar 31, 2011, 08:01 PM

Originally Posted by ballengerb1

Did the person actually have a will? If so it must be probated

Incorrect. No need to file if there are no assets. A will needs to be filed only if there are assets to be distributed and a title document has to be given, or a third party in possession of assets has to be assured that it is delivering the property to the person entitled. For example: land and a bank account.

Suppose testator leaves a will which provides "I leave all my worldly goods to my wife." He dies leaving $100 in cash and a ring, both of which are in the possession of the widow. There is no need for her to engage in an empty probate exercise.

ballengerb1 · Apr 1, 2011, 09:16 AM

I always thought it did have to go because there may be debts

AK lawyer · Apr 1, 2011, 09:49 AM

Originally Posted by ballengerb1

I always thought it did have to go because there may be debts

If the decedent doesn't leave any property, the creditors are out of luck.

Here's an all purpose checklist for just about any legal issue:

Can I get in trouble for doing/not doing something?
If something has to be done, am I the person who has do do it?
Always ask yourself "What's in it for me?"

Corollary for "can I sue" questions: "What are the damages?"

Applying this to the question at hand, comes up with the following solution:
1. No. You will find no penalty or criminal provision for not filing a will.
2. Doesn't apply, but if it did one would look for the statute specifying who has to "step up to the plate".
3. Nothing.

ballengerb1 · Apr 1, 2011, 03:39 PM

Don't other heirs get a chance to challenge the will during probate, or can that just be done outside probate.

ScottGem · Apr 1, 2011, 04:19 PM

Originally Posted by ballengerb1

Don't other heirs get a chance to challenge the will during probate, or can that just be done outside probate.

If there are other potential heirs that feel they are entitled to something, they can sue to force probate.

AK lawyer · Apr 1, 2011, 05:47 PM

Why would they sue if there's little or nothing in the estate?
But sure, if there are significant assets that the devisees have somehow gotten ahold of informally, potential heirs can make them prove the will.