The law of probate provides protection for surviving spouses and dependent children against creditors of the estate. It also provides an orderly way to transfer real and personal property. The probate process may be used whether someone has left a will or not. If a will exists, the law requires a person in possession of the decedent's will to file it with the probate court. But not every estate has to be probated.
Some assets pass outside of the probate estate.
Jointly held property automatically passes to the surviving joint tenant. Life insurance and other death benefits are paid directly to beneficiaries named by the decedent. Property held in trust is usually distributed to the beneficiaries by the trustee upon decedent's death. If the decedent left only these assets it is not necessary to probate the estate. Present the Affidavit to the party in possession of the decedent's property, and the party must then surrender the property.