Does a will have to be filed when there are no assets?

Thanks ! I called the (Wisconsin) county clerks office and referred me to the register and probate.. I do need to take the will in.. but not probate .. just a formality…

Probably not. I would go to Probate to get a short certificate to handle anything that comes up. You may just need to sign an affidavit saying her estate is under the cap. My state its 20k. Once all debts are pd then whats left is yours and sisters.

If Mom received only SS and any other income is under the cap set, she may not have to fileincome taxes.

In my experiences, it would be best to probate the will. My MIL didn't probate FIL's will and now that she is in memory care it has been a total nightmare without it probated. Once probated, as a legal court document, a will does more than just establish who gets what in an estate. It also gives the authority to remove the dead person from items when needed. Plus it does a few other things that don't seem important until you need it/them. So it is my opinion to probate. Asking an attorney would be best too. FWIW, the items that caused the most trouble were vehicle worth less than $1000 and two that had been sold twenty years earlier.

I think it is unlikely you will have to file this will or file probate with a small estate, but I WOULD look up the law in your own state online as to the laws. You are executor and so cannot afford to get it wrong. If you have any question whatsoever after reviewing your own state's laws, then call a Trust and Estate Attorney who will likely answer your questions on a 1/2 hour phone call for a fee. Wishing you the best of luck.