Voting Question: Does my husband have to go through probate court?

My husbands father passed away recently still owing on his house (he re-financed so theres no equities in the estate) and owing creditors quite a bit of money, however my husband does not want to take over his fathers estate. Is it still necessary for him to go through probate court and be named executor of estate or can he just leave things the way they are and let the creditors take and divide his fathers properties amongst themselves without being named executor of estate. Thank you so much to whoever answers.