Probate is the legal process for determining how a person's property and debts are handled after death. And probate law determines the process for collecting and managing the property of a deceased person (decedent), paying the deceased person's debts, and distributing any remaining property (generally, personal property or real property) to its rightful owners.

Probate is generally necessary when the decedent owned personal property and real property at the time of death, and the next rightful owners of the property (heirs) need to be identified and documented so possession and ownership of the property can be transferred in a legally defensible way. Probate is also generally necessary when the decedent had outstanding debts at the time of death.

The law generally distinguishes between probate assets and nonprobate assets. Probate assets are property that passes to the next owner at the decedent's death through a will. Because a will was historically known as a testament, these probate assets are sometimes called testamentary assets. And nonprobate assets (nontestamentary assets) are those assets that are not disposed of by will or by the laws that determine the transfer of property when a person dies without a will (intestate succession laws). Nonprobate assets are said to pass outside the probate estate.

Common examples of nonprobate assets are:

• property that passes by virtue of a contract with a designated beneficiary—such as life insurance policy proceeds and retirement plans (e.g., 401k, IRA);

• property that passes by right of survivorship, such as joint checking and savings accounts, certificates of deposit, and POD (payable on death) accounts;

• government benefits that are paid after the decedent's death, such as Social Security survivor benefits, Veterans benefits (survivors' pension or death pension), and U.S. Civil Service death benefits for a surviving spouse and children; and

• property in an inter vivos trust whose distribution is determined by the trustee after the decedent's death.

Thus, if the decedent died with only nonprobate assets—and with no outstanding debts—probate procedures are generally not necessary to administer the decedent's estate. But if the decedent died with only probate assets and some debts, it may be advisable for the estate to use the probate process to pay any debts due and protect the beneficiaries against claims of debt that are not due.

In Pennsylvania, probate is the court-supervised process of authenticating a last will and testament if the deceased made one. It includes locating and determining the value of the deceased's assets, paying their final bills and taxes, and distributing the remainder of the estate to their rightful beneficiaries. Assets that require probate are those owned solely by the deceased, without a designated beneficiary. Nonprobate assets, such as life insurance policies, retirement accounts, and jointly held property, pass directly to a named beneficiary or surviving co-owner without going through probate. Pennsylvania law requires probate when the deceased has left behind probate assets, but if there are only nonprobate assets and no significant debts, probate may not be necessary. The process is governed by the Pennsylvania Probate, Estates and Fiduciaries Code, and it typically involves the Register of Wills in the county where the deceased lived at the time of their death.