📅 2026 Update: Key Changes in Estate Planning

Since the original article was written, there have been important updates in estate planning. Federal estate tax exemptions have increased, and new laws in Illinois affect end-of-life options. Readers should check the earlier article for more details on wills, trusts, and other estate planning components.

💰 Federal Estate Tax Exemption Increase

In July 2025, the federal estate tax exemption rose to $15 million for individual estates and $30 million for married couples. This change took effect in January 2026 and is permanent. The exemption will also increase annually with inflation, allowing larger estates to avoid federal estate tax.

🏠 State Estate Taxes

As of August 24, 2026, twelve states and the District of Columbia impose their own estate taxes. These state taxes often have lower exemption thresholds than the federal level. It's important to check your state’s rules, as they can significantly impact estate planning.

📜 Updated IRS Forms

The IRS revised Form 706, used for estate tax returns, in July 2026. Additionally, Form 1041-ES, which is for estimated tax payments for estates and trusts, was updated in December 2025. Staying current with these forms is crucial for accurate estate tax filings.

⏰ Filing and Payment Deadlines

The deadline for filing Form 706 is generally nine months after the death of the estate owner. There is an option for a six-month extension. For trusts, estimated tax payments using Form 1041-ES are due on specific dates throughout the year.

📌 Key Changes Summary

  • 💵 Federal estate tax exemption is now $15 million for individuals.
  • 🏛️ Twelve states and D.C. have state estate taxes with lower exemptions.
  • 📑 IRS Forms 706 and 1041-ES have been revised.
  • 📅 Filing deadlines for estate tax returns and payments are essential to know.

💡 Tips for Your Estate Planning

Reviewing your situation with an attorney is important for tailored estate planning.

📝 Understand State-Specific Taxes

Check if your state imposes an estate tax, as twelve states and the District of Columbia have their own taxes. Understanding state rules can help in planning your estate effectively.

🏛️ Keep Up with Federal Changes

The federal estate tax exemption is now $15 million for 2026. Keeping up with changes can help you adjust your estate plan to maximize benefits and avoid unnecessary taxes.

📜 Use Updated IRS Forms

Ensure you use the latest IRS forms, such as the revised Form 706 for estate tax returns. Using outdated forms may lead to complications and delays in processing your estate.

📅 Be Aware of Deadlines

Remember that Form 706 is due nine months after death, with a six-month extension option. For trusts, estimated payments are due on specific dates throughout the year. Missing these deadlines can lead to penalties.

🕊️ Consider Living Trusts

A living trust can help bypass probate and simplify asset transfer. This may be beneficial depending on your family dynamics and financial situation.

🏥 Plan for End-of-Life Decisions

The recent Illinois law allows terminally ill patients to request life-ending medication. Understanding these options is vital for those with terminal conditions and can influence estate planning.

🏆 Estate Planning Services Ranked by User Reviews (2026)

This section covers various estate planning services that help with wills, trusts, and estate tax matters. The order follows Trustpilot ratings checked in October 2026. Note that these scores can change over time, and unhappy customers often leave more reviews.

Ratings are just one part of the overall picture.

🥇 1. LegalZoom

LegalZoom has been rated at 4.6. It is known for offering a wide range of legal services, including affordable estate planning documents. Users have mentioned concerns about customer service responsiveness and document accuracy, which can affect your estate planning experience.

🥈 2. USLegalWills.com

This service also holds a score of 4.6. USLegalWills.com is recognized for its online will creation and various estate planning tools. However, some users report limited customer support and usability issues with the interface, which may hinder the planning process.

🥉 3. Trust & Will

Trust & Will has a rating of 4.5. This service specializes in online estate planning, offering digital wills and trusts. Users have pointed out technical limitations on the website and restrictions on customization, which could impact the flexibility of your estate plan.

🆓 Free Estate Planning Resources

Several free options are available for estate planning. Nolo provides free articles and resources on topics like wills and trusts. Additionally, the IRS offers free information on estate taxes, including necessary forms and instructions.

🔎 What to Compare When Choosing a Service

  • 📄 Cost of services and documents.
  • 🕒 Processing times for estate documents.
  • 📞 Customer support availability and responsiveness.
  • 🔍 Ease of use for online platforms.
  • 📝 Feedback from other users regarding experiences.

❓ Frequently Asked Questions

🤔 What is the federal estate tax exemption for 2026?

The federal estate tax exemption for 2026 is set at $15 million for individual estates and $30 million for married couples.

🏛️ Are there state estate taxes I need to worry about?

Yes, as of August 24, 2026, twelve states and the District of Columbia impose their own estate taxes, often at lower exemption thresholds than the federal level.

📅 What are the deadlines for filing estate tax returns?

Form 706 must be filed nine months after the death of the estate owner, with a possible six-month extension available.

📝 How do I know if I need a living trust?

A living trust may be beneficial based on your age, health, family dynamics, and financial situation. It allows you to transfer property without going through probate.

🕊️ What is the Illinois Aid-in-Dying Law?

The Illinois End-of-Life Options for Terminally Ill Patients Act, effective September 12, 2026, allows terminally ill patients to request life-ending medication under specific conditions.

💵 How do I stay updated on IRS forms for estate planning?

Stay informed by checking the IRS website regularly for updates on forms like Form 706 and Form 1041-ES, which have been revised recently.

⚖️ Recent Cases in Estate Planning

Recent court rulings have addressed various estate planning issues, impacting how laws apply to estates and trusts. These cases often clarify regulations surrounding wills and estate taxes.

For more recent rulings, visit the news section for more rulings on the news page.

End of October 2026 Update






 



When you are planning for retirement, the possibility of elder care, and death it is important to have an estate plan.  When considering estate planning you will want to have an estate planning checklist.  An estate planning checklist is a list of all your assets, family and friends, individuals involved in the disposition of your assets, and your liabilities.  When meeting with your estate planning lawyer one of the first things that you will do is to create an estate planning checklist.



The first step to creating an estate planning checklist is compiling a list of your friends and issue that may or may not receive a bequest in your will, trust, intestacy, or other form of testamentary or non-testamentary document.  This list of individuals is important to help the individual decide who to, and how much, of his, or her, assets should be allocated, if at all, to certain people.  If you are married your estate will take on a different form than if you are a single individual.  It is important for your estate planning lawyer to know this information so he, or she, can plan your estate when considering spousal shares, tenancy by the entirety and other benefits that the spouse of a deceased person will be entitled to.

Estate Planning Checklist


Once you have compiled your list of possible beneficiaries then you will need to take account of all your assets.  Compile a list of all your real property; whether you own it outright, in joint tenancy, tenancy in common, or tenancy by the entirety.  List any life insurance policies, non-residential real property, any cash, bank accounts; including totten trusts and joint bank accounts, any trusts; revocable or irrevocable, and personal assets including: heirlooms, automobiles, antiques, furniture, and any other personal items that will be important at the time of distribution to your heirs. 



The next thing you will want to do is to compile a list of those individuals who are in charge of managing your property.  This includes any guardians, executors, and trustees.  You should also have secondary individuals who will take over those duties in the event that they predecease you.  Also give information, in your estate planning checklist, about powers of attorney, health care, community property, and living wills.



Estate planning checklists are the initial step that your estate planning lawyer will use in order to assess whether you should opt for a revocable trust, irrevocable trust, or a will.  Estate planning checklists also help to direct assets into testamentary and non-testamentary funds.  Estate planning checklists are necessary so that your estate planning lawyer can help you avoid estate taxes and shield your family and friends inheritance from creditors and the government.  Estate planning checklists are also important to create asset protection in the event that you need to be put into an elder care situation.  Elder care can deplete your savings and assets quickly and medicare does not assist in the payment.  An estate planning checklist will aide your estate planning lawyer in helping you protect your assets by placing them in non-testamentary accounts.  An estate planning checklist will also help you avoid the expensive and lengthy probate process.