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My mother died recently with no assets but has a will dated 1992. She was in a nursing home on MassHealth Medicaid, so they validated there were no assets. Is it necessary to file the will and if so, is a lawyer necessary. My sister and I have been paying all bills for several years. Also no insurance policies.

Probate when there are no assets

Sorry about your loss.  As you may know, Massachusetts law requires any person in possession of a will to deliver it to the named executor or to the probate court.  (If the will is delivered to the executor, she is then obligated to deliver it to the probate court.)  So, even though there are no probate assets, and not much will happen to the will after it is delivered to court, if you have the will you should still deliver it to the court, along with a copy of the death certificate.  You can send a cover letter explaining the contents and stating that "no probate is anticipated at this time”.  That way the will is on record and your behind is covered.  Also, you can always probate later if assets are discovered.  You do not need an attorney.

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