What are an executor’s responsibilities if there are no assets?

UPDATED: Oct 1, 2022

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What are an executor’s responsibilities if there are no assets?

My stepbrother died in MA. I am the executor and his only daughter/sole beneficiary. He had a basic Will. He owns no property, has absolutely no assets. His checkbook has negative balance, there is no savings account, he had a room in an apartment. There are no heirlooms, etc. He has plenty of bills but no money to pay them. He was on Medicaid. Do I file probate and what do I need to bring with me to prove he had no assets?

Asked on March 31, 2018 under Estate Planning, New Hampshire


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

Answered 4 years ago | Contributor

I am so sorry for your loss.  If there is nothing to probate then there is nothing to probate and no reason for you to file anything.  And you have no obligation here to pay any of the bills owed.  Good luck to you.

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