📅 2026 Update: Changes in Wills and Probate Law

Since the original article was published, several important changes have occurred in probate and estate law. These updates affect how estates are managed, especially when there is no will or a lost will. The earlier article continues further down the page, providing foundational information on these topics.

🏠 Changes in California's Probate Process

California has introduced a streamlined probate process for primary residences valued at or below $750,000. This change took effect on April 1, 2025. By using a simplified court petition, families can bypass the more formal probate process, making it easier to transfer property.

  • 📄 Simplified Forms: To initiate this process, file a simplified court petition using Judicial Council of California form DE-310.

📈 Federal Estate Tax Exemption Update

A significant update came with the One Big Beautiful Bill Act signed on July 4, 2025. This law made the $15 million federal estate tax exemption permanent for decedents who pass away after December 31, 2025.

  • 💰 Indexed for Inflation: Starting in 2027, this exemption will be adjusted for inflation, providing further benefits for estates.

📜 Kentucky’s Modernized Inheritance Laws

In July 2026, Kentucky passed a law that modernizes its inheritance regulations. This includes expanding spousal rights and streamlining probate procedures.

  • 💻 Electronic Wills: The new law also allows for electronic wills and estate planning documents, making the process more accessible.

⏳ Florida's Summary Administration Expansion

Effective July 1, 2026, Florida raised the threshold for summary administration from $75,000 to $150,000. This allows for a quicker probate process for smaller estates.

  • ⚖️ Eligibility: This change applies to estates of decedents who died on or after July 1, 2026.

📌 Key Updates Summary

  • 🏠 California has simplified the probate process for homes valued under $750,000.
  • 📈 The federal estate tax exemption is now $15 million and indexed for inflation starting in 2027.
  • 📜 Kentucky has modernized its inheritance laws, including electronic wills.
  • ⏳ Florida's summary administration threshold increased to $150,000.

💡 Tips for Navigating Wills and Probates

Review the specifics of your situation with an attorney.

📝 Understand the Importance of a Will

Having a will is crucial. It clearly outlines how your assets should be distributed after your death. Without a will, intestate succession laws will dictate how your estate is divided.

📅 Know the Probate Process Timeline

Probate can take time. In Illinois, the process generally lasts between 9 to 18 months, depending on the complexity of the estate. Understanding this timeline can help manage expectations.

🏡 Use Streamlined Processes When Possible

If you're in California and your estate qualifies, consider using the streamlined probate process for residences valued under $750,000. This can save time and reduce costs.

💵 Be Aware of Filing Fees

Probate filing fees can vary significantly. In Massachusetts, these fees range from $150 to $500 based on the estate's value. Prepare for these costs when planning your estate.

🗂️ Explore Free Resources

Many states offer free resources for probate assistance. For example, the Massachusetts Court System provides guidance and necessary forms for filing probate.

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

This section covers services related to will creation and estate planning that fit the topic of probate and estate law. The order follows Trustpilot data verified in October 2026. Scores can change, and while star ratings are helpful, they may reflect a wider range of customer experiences.

🥇 1. USLegalWills.com

USLegalWills.com has been rated 4.7 on Trustpilot. It is known for its online will creation and estate planning services. Reviewers mention that it provides a convenient way to create legal documents online.

However, some users report issues with document formatting, which can affect usability.

🆓 Free Government and Nonprofit Help

Many states offer free resources for probate assistance. For instance, the Massachusetts Court System provides necessary forms and instructions for filing formal probate. Additionally, the Illinois State Bar Association offers guidance on estate planning and probate processes.

🔎 What to Compare When Choosing Estate Services

  • 📋 Ease of Use: Check how user-friendly the service is for creating wills and other estate documents.
  • 🏷️ Costs: Compare the fees associated with each service, including any hidden charges.
  • 🌐 Document Options: Look for services that offer a variety of estate planning documents.
  • 📞 Customer Support: Evaluate the availability and quality of customer support provided.

❓ Frequently Asked Questions

❓ What happens if I die without a will?

If you die without a will, your estate will go through intestate succession laws. This means the state will determine how your assets are distributed, which may not align with your wishes.

📅 How long does the probate process take?

The probate process can take anywhere from 9 to 18 months, depending on the complexity of the estate and the state laws where you reside.

🏡 Can I use a simplified probate process in California?

Yes, if the decedent's primary residence is valued at or below $750,000, you may use California's streamlined probate process, which became effective on April 1, 2025.

💰 Are there filing fees for probate?

Yes, probate filing fees vary by state. In Massachusetts, these fees range from $150 to $500 based on the value of the estate.

🗂️ What resources are available for free probate help?

Many states, like Massachusetts and Illinois, provide free resources and guidance for probate processes. These resources can help you navigate the necessary steps without incurring additional costs.

⚖️ What are the new estate tax laws?

As of July 4, 2025, the federal estate tax exemption is set at $15 million and will be indexed for inflation starting in 2027. This change allows for greater asset protection for larger estates.

⚖️ Recent Court Cases Related to Wills and Probate

Several recent court rulings impact how wills and probate are handled in various states. These cases illustrate the ongoing evolution of laws surrounding estate management and inheritance.

You can browse more rulings on the news page for the latest updates on this topic.

End of October 2026 Update






When a person dies without a will, this is known as dying "intestate." If this occurs, his or her property is put through a probate process in which the property is given to the heirs determined by the law. After a person dies, the probate court appoints a personal representative, also known as an administrator to take all claims against the estate, pay off debt, and then distribute the property that remains to heirs based on state probate laws.

When a person dies testate, or with a will, the estate is divided in accordance to the deceased person's wishes specified in the will. An intestate estate is distributed to beneficiaries based on the law set forth by the state in which the deceased owned property. If, for example, a person dies but he or she owned property in more than one state, then there will be several estate divisions based on more than one rule. In addition an intestate probate process is generally more expensive than probating an estate with a will. Usually, the cost of the court procedure is taken out of the value of the property the heirs inherit.

What Happens When There is No Will or a Lost Will?

 

While the state laws pertaining to property distribution vary from state to state, the differences are usually subtle, but can deliver a vastly different result to a deceased person's heirs. Most state laws divide property among the surviving spouse and the children of the deceased. If there is no spouse, then only the children would get the estate. The value of the estate is usually divided among the children equally.

To give an idea about what state provisions may look like, the following are distribution procedures for the probate process without a will in the state of California:

If married, the spouse receives 100 percent of the community property, but one third of the separate property left. The children receive a portion of this distribution as well.

If the deceased was unmarried (widows and widowers included) the property is distributed to relatives with the following priorities:

If there are any, all to children, grandchildren, great-grandchildren.

All to parents, divided among them equally.

All to the issue of parents, including brothers and sisters, and then nieces and nephews.

All grandparents, spread among them equally. Also, the issue of grandparents, including aunts, uncles, and then cousins.

All to the issue of predeceased spouse. This includes step-children.

All to the next of kin.

All to the parents of a predeceased spouse, including mother and father-in-law.

Also, the issue of them, including brother and sister-in-laws.

All to the state.

In some instances, if a person with a will dies, a will may go missing. A lost will can bring up many interesting legal issues, depending on the state in which the deceased resided.

The reason why a will may go missing is because the deceased had intentionally revoked it without others knowing. If this has been done, an earlier version of the will is then used as the guideline in the probate proceeding. If there is no earlier will, the state in which the property was owned will divide assets based on state law. 

Also, there may be a lost will if it is determined that the lost will was destroyed in an explosion or fire, usually in a bank vault. In this case, the original copy of the lost will does not have to be used. A photocopy of the will can be used in probate court instead if approved by a judge. 

In many circumstances, a lost will may usually mean that the deceased may have created a new version of the will.