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Is there a personal/legal consequence for not filing a Will?

Question Details: My mother died 42 days ago. She had essentially no assets at the time of death, but for a small balance in her checking account about $2000 and that was used to pay her adult family home for her last half month care. My sister and I were both POA, and paid for my mother's cremation. There is a Will and in it she left all of her assets to my sister and I. However, there isn't anything for us to divide. I just discovered that the state requires wills to be filed withing 40 days of death. Is there a consequence to not filing the will? There is a $240 filing fee for probate, but since there's nothing to distribute, I'm not willing to pay that. If I just decide not to file the will, is there any legal consequence for me, or my sister?

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