📅 2026 Update: Key Changes in Wills and Estate Law

Since the original article was published, several important updates have occurred in estate law. These changes can affect how wills are created and executed, as well as the probate process in different states. The rest of the article below continues to provide foundational knowledge on making changes to your will.

🏡 📜 California's Streamlined Probate Process

California has made it easier to transfer a decedent's primary residence. As of April 1, 2025, a simplified court petition can be filed for homes valued at or below $750,000. This process bypasses formal probate, saving time and costs for families.

This change can be especially beneficial for those managing smaller estates.

💰 📈 Federal Estate Tax Exemption

The One Big Beautiful Bill Act made the federal estate and gift tax exemption permanent at $15 million. This applies to decedents who die after December 31, 2025. This significant update can affect how individuals plan their estates, allowing for greater wealth transfer without tax implications.

📅 ⏳ Inherited IRA Required Minimum Distributions

For beneficiaries of inherited IRAs, the IRS's waiver of penalties for missed required minimum distributions (RMDs) expired on December 31, 2024. Now, beneficiaries must take annual RMDs during the first nine years and fully deplete the account by year ten. This update can impact financial planning for those inheriting retirement accounts.

🌟 🏛️ Virginia's Estate and Trust Law Updates

Effective July 1, 2026, Virginia introduced new laws that provide surviving spouses more time to claim statutory allowances. These laws also apply the presumption of undue influence to trust contests, making it harder to dispute wills and trusts based on claims of manipulation. Such changes can affect how estates are contested in Virginia.

🏠 📝 Florida Summary Administration Threshold

Florida has increased its summary administration threshold from $75,000 to $150,000 as of July 1, 2026. This means that smaller estates can go through a quicker and simpler process. It offers families a way to handle estates without the lengthy and formal probate process.

📌 Summary of Key Points

  • 🏡 California's new streamlined probate process helps families transfer homes.
  • 💰 The federal estate tax exemption is now permanently set at $15 million.
  • 📅 Inherited IRA RMD rules now require annual distributions over ten years.
  • 🌟 Virginia has extended time for surviving spouses to claim allowances.
  • 🏠 Florida's summary administration threshold has risen to $150,000.

💡 Tips for Updating Your Will

Review your estate planning with your attorney to ensure it meets your current needs.

🕒 📅 Keep Your Will Updated

It’s important to regularly update your will, especially after major life events like marriage, divorce, or the birth of a child. These changes can have significant effects on your estate and how it is distributed.

📝 ✍️ Consider State-Specific Laws

Each state has different rules regarding wills and probate. Familiarize yourself with your state’s regulations, as they can impact how your will is executed and what is required for your estate.

📄 💼 Use Simplified Processes Where Available

Take advantage of streamlined processes in your state, such as California's probate simplification for homes valued at or below $750,000. This can make the transfer of property easier and less costly.

🕵️‍♂️ 📜 Review Inherited IRA Requirements

If you have an inherited IRA, be aware of the new RMD rules. This ensures you comply with federal regulations and avoid penalties for missed distributions.

💡 🔍 Stay Informed on Legal Changes

Stay updated on legal changes that may affect your estate planning. Laws frequently change, and being informed can help you make better decisions for your future.

🏛️ 📖 Use Available Resources

Utilize free resources available through your state’s court system or bar association. These can provide guidance on the probate process and necessary forms, helping you navigate estate planning more easily.

🏆 Services for Estate Planning Ranked by User Reviews (2026)

This section highlights services for creating wills and managing estate planning, based on user reviews from Trustpilot. These services are ranked by their ratings and can help individuals navigate the complexities of estate law. Note that these scores are subject to change, and star ratings reflect user experiences, which can vary widely.

🥇 1. USLegalWills.com

USLegalWills.com has been rated 4.7 out of 5. It is known for providing online will creation and estate planning services. Reviewers appreciate the convenience of creating documents online.

However, some users report issues with document formatting, which may require additional attention to detail.

🆓 Free Probate Assistance in Massachusetts

The Massachusetts Court System offers free resources and guidance for filing formal probate. This includes necessary forms and instructions to help individuals understand the probate process better, making estate management more accessible for residents.

🔎 What to Compare When Choosing Estate Planning Services

  • 🏅 User Ratings: Look for services with high ratings and positive reviews.
  • 📋 Types of Services: Ensure they offer the services you need, such as will creation or probate assistance.
  • 🕒 Processing Times: Check how quickly they can process your documents.
  • 💻 Ease of Use: Consider user-friendly platforms for online document creation.
  • 📞 Customer Support: Look for reliable support options if you need assistance.

❓ Frequently Asked Questions

❓ What is the purpose of a will?

A will outlines how your assets will be distributed after your death. It can detail who will receive your property and appoint guardians for minor children.

🏛️ What happens if I die without a will?

If you die without a will, your estate will go through intestate succession laws. This means your assets will be distributed according to state laws, which may not align with your wishes.

🖊️ Can I change my will after it is created?

Yes, you can change your will at any time. It is important to formally revise it through a codicil or by creating a new will to ensure your current wishes are reflected.

📑 How does probate work in my state?

Probate is the legal process of administering your estate after death. The process varies by state, but it generally involves validating the will, paying debts, and distributing assets.

📉 What are the costs associated with probate?

Probate costs can include filing fees, executor commissions, and attorney fees. These costs can vary significantly depending on the estate's value and complexity.

🏠 How can I simplify the probate process?

You can simplify probate by using streamlined processes available in your state, like California’s simplified court petition for primary residences valued at or below $750,000.

⚖️ Recent Cases Related to Wills and Estates

Recent court rulings highlight important developments in estate law and probate processes. These cases can impact how wills are interpreted and executed.

For more recent rulings, you can browse more rulings on the news page.

End of October 2026 Update






 



A will describes to the appointed executor, as well as the probate court, how you want your hard-earned assets and property distributed to a certain number of appointed beneficiaries.  However, as wills are legal forms that represent the accumulation of assets in your lifetime, they are very likely to require changes as changes in your life occur.  



For example, the loss or theft of a certain asset can lead to an inaccurate will, requiring revision.  Another example of necessary change is the act of legally separating, or divorce.  If you, for some reason, separate with your spouse, it will likely change the entire landscape of your will.  If you and your ex-spouse have children, particularly children who are minors, it will be even more complicated.

Making Changes To Your Will


Many people think of a will as something that is written when a person is nearing death, but this assumption is growing increasingly inaccurate.  As people become more aware of the benefits of drafting wills, more and more people are beginning to draft wills earlier in their lifetime, to protect against unfortunate accidents; and as the average age of will creating lowers, more and more changes will be required. Contact a will lawyer to review your case. 



Why Make Changes To Your Will?



Keeping your will up to date is important for its effectiveness.  For example, if you have designated a certain car to your son and end up selling this car, a change should be made to your will.   In this situation, and other situations where you experience a major change in what you own, your will should be specifically modified to display this change.  If you fail to make changes and end up willing property that you do not own, the beneficiaries in your will may experience complications and problems after you pass away (dependent on the jurisdiction). 



When Should You Make Changes To Your Will?



You should aim to review your will every five years or so to ensure that you are keeping up to date.  Your will should be updated not only when there is a major change in what you own, but in situations that change your family status.  Examples of this include marriage, divorce, or the birth of any additional children.  



Marriage - After you marry, or remarry, you should aim to update your will.  In many states, the legal action of marriage entitles your spouse to a certain portion of your assets.  Revising your will in this situation will allow you to leave more or less to your new spouse.



Birth of a Child - If you give birth or adopt a new baby, a change in your will is required to provide a legal guardian should you and your spouse pass away.  



Divorce - A divorce sometimes revokes an existing will, allowing your divorced spouse at part of your estate.  Depending on your state laws, certain changes may be required to the will to ensure that your intentions are met



New Stepchildren - If you inherit new stepchildren, they are not automatically entitled to any of your estate.  That being said, if you want to include your new stepchildren in your will, you should change your will to reflect your new intentions.



Additionally, changes to wills are recommended with changes to your financial situation.  For example:



Moving out of state - As each state has different laws regarding wills, you should learn the laws from the new state to change your will and ensure your beneficiaries are still able to receive the assets you intended for them.



Loss or change of job - If you lose or change your job, your income and benefits will change the value of your assets greatly, forcing changes in your will.



Large amounts of money - If you win the lottery, do well in the stock market, or come into a large sum of money in any other way, changing your will to reflect your current situation is recommended.



How Do you Make Changes To Your Will?



There are two basic ways to update your will.  First, you can write a brand new will with new witnesses and a new signature aimed at revoking the old will.  Second, you can prepare and execute a codicil, a separate document replacing certain provisions to an existing will.  A codicil may be preferable in certain situations, as it may provide tax benefits or maintain the previous will without have to create a new will.  However, a codicil may not suffice for certain changes needed to be made.  In these cases, a brand new will is preferable.  



How Can You Revoke Your Will?



Should you decide that you want to start new with your will, you will need to revoke your previous will.  The revoking of wills usually involves a mentally competent person destroying the document.  However, this act must be, like a creation of a will, witnessed and recorded by people who are not related to you and are not beneficiaries of the will.  This process, if not done correctly, can lead to contesting of the will.  For example, a disgruntled beneficiary may claim that the will was not revoked, but instead, lost.  In some jurisdictions, a change in marital status can lead to an automatic revocation of part of the legal form.