Generally a deceased person's assets and debts are subject to probate procedure. State's establish laws pertaining to what property/assets can be exempted from probate action and what assets will be used to pay outstanding debts. All debts must be satisfied to the extent required by state law before any inheritances are distributed. Probate laws are applied differently depending upon the circumstances, such as there being a surviving spouse, the status of the debts (joint or sole) and so forth.