If my aunt died in a nursing home without insurance, property or personal belongings, do I have to probate or file her Will?

Asked on February 17, 2015 under Estate Planning, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

 I am so sorry for your loss.  It does not sound as if there is an estate left to probate, even if there is one mentioned in a Will.  It sounds as if it is already gone.  Generally, there is no legal obligation to probate a Will.  And practically here it does not sound as if there is a need as well. Double check with an attorney in her state.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.