📅 2026 Update: Recent Changes in Wills and Probate

Since the original article was written, there have been significant updates in laws and processes related to wills and probate. This includes changes to federal and state laws that affect estate taxes, probate processes, and the handling of inherited assets. Readers can find detailed information in the earlier sections of the article.

🏛️ Federal Estate Tax Changes

A major update is the permanent federal estate and gift tax exemption of $15 million. This change comes from the One Big Beautiful Bill Act, signed into law on July 4, 2025. It applies to decedents who die after December 31, 2025.

This means that larger estates can now pass on wealth without being taxed at federal levels, which was not the case in previous years.

📜 Streamlined Probate in California

Effective April 1, 2025, California introduced a streamlined probate process. This allows the transfer of a decedent's primary residence valued at or below $750,000 with a simplified court petition. This is a significant improvement as it makes it easier and quicker for families to handle estate matters without going through formal probate.

🌴 Florida's Summary Administration Increase

Florida has also updated its laws. As of July 1, 2026, the summary administration threshold for estates has increased from $75,000 to $150,000. This change allows for quicker administration of smaller estates, making the process less burdensome for families dealing with loss.

🏛️ Kentucky Law Modernization

Kentucky implemented changes effective July 2026 through Senate Bill 50. This law modernizes inheritance laws by expanding spousal rights and streamlining probate procedures. It also allows for the use of electronic wills and estate planning documents, providing more flexibility for estate planning.

💼 Virginia Estate and Trust Updates

Virginia's estate and trust laws have been updated as well. Starting July 1, 2026, surviving spouses have more time to claim statutory allowances. The new laws also address issues of undue influence in trust contests and add protections against financial exploitation in powers of attorney.

📌 Key Points Summary

  • The federal estate tax exemption is now $15 million, permanent for estates after 2025.
  • California has a streamlined probate process for homes valued under $750,000 since April 2025.
  • Florida's summary administration threshold has increased to $150,000 as of July 2026.
  • Kentucky's inheritance laws now allow electronic wills and improve spousal rights.
  • Virginia has new protections for surviving spouses and against undue influence in estate matters.

💡 Tips for Managing Wills and Estates

Review the details of your specific situation with your attorney.

🏡 Understand State-Specific Laws

Each state has its own laws regarding wills and probate. Knowing these laws can help you navigate the process more easily. For example, California now allows a streamlined probate process for homes valued under $750,000.

⏳ Keep Track of Deadlines

Be aware of important deadlines related to estate claims and probate filings. Virginia's updates provide more time for surviving spouses to claim their allowances, which is crucial information for those managing estates.

📜 Update Your Will Regularly

It's important to keep your will updated to reflect your current wishes and circumstances. Changes in laws, like those in Kentucky allowing electronic wills, may offer new options for estate planning.

💰 Know About Tax Exemptions

Understand how the federal estate tax exemption impacts your estate planning. The exemption is now $15 million, which may influence how you structure your estate.

🏛️ Utilize Available Resources

Take advantage of free resources provided by state courts or bar associations. For example, Massachusetts offers guidance for filing formal probate, which can be especially helpful for those unfamiliar with the process.

🏆 Top Services for Wills and Probate Ranked by User Reviews (2026)

In this section, we look at various services that assist with will creation and estate planning. These services are relevant to the topic of wills and probate, offering tools and resources for individuals navigating these processes. The following rankings are based on Trustpilot data as of October 2026.

Remember, star ratings can fluctuate, and unhappy customers often leave more reviews than satisfied ones.

🥇 1. USLegalWills.com

USLegalWills.com has been rated 4.7. This service is known for its online will creation and broad estate planning options. Reviewers highlight its user-friendly platform, but some users have reported issues with document formatting, which may affect the final output of legal documents.

🆓 Free Government or Nonprofit Help

Many states offer free resources for probate assistance. In Massachusetts, the court system provides guidance on filing formal probate, making it easier for individuals to understand the necessary steps and forms required. Additionally, the Illinois State Bar Association offers resources that can help with estate planning and navigating probate processes.

🔎 What to Compare When Choosing a Service

  • 📋 User reviews and ratings.
  • 💼 Types of services offered.
  • 💰 Pricing and any hidden fees.
  • 📑 Ease of use and document creation.
  • 🕒 Customer support availability.

❓ Frequently Asked Questions

❓ What is a deathbed will?

A deathbed will is a will created under urgent circumstances, often shortly before death. These wills may not meet the usual legal requirements, making them more vulnerable to challenges in probate.

📅 How long does the probate process take?

The probate process can vary widely, generally taking 9 to 18 months in Illinois, depending on the estate's complexity and any disputes that may arise.

🏡 Can I use a handwritten will?

Handwritten wills, also known as holographic wills, are recognized in some states, but not all. It's essential to understand your state's laws regarding the validity of such documents.

💼 What happens if someone dies without a will?

If someone dies without a will, they are considered intestate. The estate will be distributed according to state intestacy laws, which usually prioritize spouses and children.

🌐 How can I contest a will?

To contest a will, you typically need to file a petition in probate court. Grounds for contesting may include undue influence, lack of capacity, or improper execution of the will.

🏛️ Are electronic wills valid?

Yes, electronic wills are now authorized in several states, including Kentucky. This modern approach allows for more flexible estate planning options.

⚖️ Recent Cases in Wills and Probate

Recent court rulings have highlighted significant issues in wills and probate that relate to estate planning, including cases on undue influence and the validity of electronic wills.

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

End of October 2026 Update






The phrase "on their deathbed" is used to describe a situation where an individual is near death and expectant of death.  It is commonly used to describe terminally ill patients or patients that are about to die, either at home or in a hospital.  Many people that are "on their deathbed" may not have drafted a proper will to distribute their assets after death.  In the event where this happens, a deathbed will may be drafted.

A deathbed will is created when a testator is at risk for imminent death.  This type of will is often drawn together very quickly and, as such, may be risky.  Drafting a proper will often requires legal guidance from an attorney that is well-versed in estate law, as these attorney will posses the knowledge of estate law required to avoid errors and potential contesting of the will.  

Deathbed Will Explained

However, a deathbed will is very conducive to be challenged by an unhappy beneficiary.  For example, if the first born son believe that he is entitled to the majority of his father's estate, he may challenge a deathbed will.  The son may claim that his father, the testator lacked the required mental capacity to draft a proper will.  The son may also claim that the will was forced, or fraudulent.  

Because of this possibility, a deathbed will is not recommended.  Wills prepared in this way are very prone to errors for a number of reasons:

A quickly drawn will may not properly consider strategies aimed to minimize or eliminate federal estate tax, causing an overabundance of estate tax that may not otherwise need to be paid (at that moment).

A quickly drawn will may not properly distribute property as intended, as certain intricacies may be overlooked.

A deathbed will may be so quickly drawn up that the proper legal requirements for a will may not be met.  For example, if the testator finds out that he or she is about to pass away, there may not be enough signatures from witness not related to the testator and are not beneficiaries.

While a deathbed will may be as valid as a proper will, there a number of mistakes that can go wrong with a hastily drawn will.  Even so, a deathbed will may avoid probate, as it may be considered as valid as a properly drawn will.  In the end, writing a proper will while you are healthy is highly recommended.  It will certainly relieve stress to your family and your beneficiaries.