Q: Trying to determine if my Aunt's will needs to be probated?
I was told it did not. She was not married and both sons died before her. In her will she left her property to a Nephew who was taking care of her and he died before her as well. The will specifically states that if he pre-deceased her the property comes back to the estate. Her home has a mortgage and 2nd mortage and there is no money in the estate to pay either. I have contacted the mortgage companies and they just asked for death certificates.
Does the will have to be probated?
A: If there are no assets in the estate meaning that there is no money if you sell everything, then you should not open probate.
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