To avoid probate When person dies, you have to go though probate proceeding, which is a court procedure. When a person dies, and probate is necessary, the first step is the appointment of a personal representative to oversee the winding up of the decedent's affairs. The will should first be probated, or letters of administration should first be sought, in the jurisdiction where the decedent was domiciled at the time of death. This is known as the primary or domiciliary jurisdiction. If real property is located in another jurisdiction, ancillary administration in the jurisdiction is required.
Probate is a local proceeding.
Thus, if you have properties in multiple jurisdictions, things can get complicated. To avoid probate is one reason you should consider setting a trust instead of just having a simple will and life time planning documents, especially if property is owned in more than on jurisdiction in the United States. Extremely technical rules apply to aliens who own property in the U.S. subject to the estate tax. With a spendthrift clause, the beneficiary's interest is not transferable, therefore, is not reachable by creditors. If a trust is revocable, Settlor's creditors can reach the entire trust property even if the settlor does not reserve any beneficial interest.