Do you need to file probate if the assets are 0

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Do you need to file probate if the assets are 0

My mom died has no assets that
except life ins with
beneficiaries New Hampshire os
where she resided

Asked on November 11, 2017 under Estate Planning, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Probate is only required when assets of an estate must be transferred to a beneficary. However, under the law, life insurance proceeds are not such an asset. They pass directly to the named beneficiary (i.e. they are not subject to probate). Since your mother had no assets, then opening up a probate is not legally required.

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

Answered 3 years ago | Contributor

I am so sorry for your loss. If all your Mother's assets passed by operation of law or benefciary designation then you are correct: there is no estate to probate.  Probate is only required when you need to transfer estate assets to beneficiaries. Good luck.


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