📅 2026 Update: Key Changes in Estate Planning

Since the original article was published, several important updates have occurred in estate planning, particularly concerning wills and trusts. These changes can impact how individuals approach their estate planning needs. The earlier article continues further down the page, providing foundational information on creating a will.

🏛️ Estate Tax Exclusion Increase

In 2026, the basic exclusion amount for estate and gift taxes increased to $15 million. This change comes from the Working Families Tax Cuts Bill signed into law on July 4, 2025. This higher exclusion means that only estates valued over this amount will be subject to federal estate tax.

🔄 Estate Tax Exclusion Reversion

The previous temporary increase from the Tax Cuts and Jobs Act (TCJA) will revert in 2026. The basic exclusion will go back to $5 million, adjusted for inflation. This means that many estates that were previously exempt may now face estate taxes.

📜 Electronic Wills Legislation

Starting September 12, 2026, Illinois has allowed electronic wills under the End-of-Life Options for Terminally Ill Patients Act. This law enables terminally ill patients to create wills electronically, making the process more accessible for those in need.

💰 Living Trust Creation Costs

The cost of creating a living trust typically ranges from $1,000 to $3,000 when done through an attorney. This cost can vary based on the complexity of the trust and the professional fees associated with it.

📅 Important Deadlines

Form 1041, the U.S. Income Tax Return for Estates and Trusts, must be filed by the 15th day of the fourth month after the end of the estate's or trust's tax year. Estate tax returns are generally due nine months after the date of death, with an option for a six-month extension.

📌 Key Takeaways

  • Estate tax exclusion is now $15 million for 2026.
  • The exclusion will revert to approximately $5 million in 2026 due to TCJA changes.
  • Electronic wills are now allowed in Illinois for terminally ill patients.
  • Living trust costs range from $1,000 to $3,000.
  • Be aware of Form 1041 filing deadlines and estate tax return deadlines.

💡 Tips for Creating a Will

Reviewing your estate planning options with an attorney can help clarify the best path for your situation.

📝 Understand the Estate Tax Exclusion

Know that in 2026, the estate tax exclusion is $15 million. This means only estates valued above this amount will be taxed federally. If your estate is below this threshold, you may not need to worry about estate taxes.

🕒 Keep Track of Deadlines

Be mindful of the deadlines for filing Form 1041 and estate tax returns. Form 1041 is due on the 15th day of the fourth month after the end of the tax year for the estate or trust. Estate tax returns are due nine months after the date of death.

📖 Consider Living Trusts

Creating a living trust can help avoid probate and may simplify the transfer of your assets. Be prepared for costs ranging from $1,000 to $3,000 for professional help in setting one up.

📲 Explore Electronic Wills

If you are in Illinois and are terminally ill, consider the option of creating an electronic will starting September 12, 2026. This could simplify the process of making your wishes known.

📚 Use Free Resources

Take advantage of free resources from the IRS and nonprofit organizations like Nolo. They offer detailed guides on wills, trusts, and estate planning, which can provide valuable insights into the process.

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

The following services are listed based on their user ratings and how they align with the topic of estate planning. These ratings come from Trustpilot data checked in October 2026. Remember, scores can change, and unhappy customers often leave more reviews, so consider the overall picture when evaluating these services.

🥇 1. Trust & Will

Trust & Will has been rated 4.5. It is known for providing online estate planning solutions, including digital wills and trusts. However, some users have reported issues with document delivery times, which could affect your planning process.

🥈 2. LegalZoom

LegalZoom holds a score of 4.6. This service is recognized for its legal document preparation and business formation services. While many users appreciate its ease of use, some have mentioned delays in customer support response times.

🥉 3. Rocket Lawyer

Rocket Lawyer has an average rating of 4.5. It is well-known for its online legal services and document creation tools, which can be helpful for estate planning. A few users have found the subscription model pricing unclear, which may impact their experience.

4️⃣ TotalLegal

TotalLegal is rated 4.6. It is recognized for offering affordable legal documents and a user-friendly interface. Some customers have reported occasional formatting issues with documents, which is something to keep in mind.

5️⃣ Quicken Willmaker

Quicken Willmaker averages 4.5. This service is known for its estate planning software that allows users to create customizable legal documents. Some users have reported issues with software updates, which could affect usability.

🆓 Free Resources for Estate Planning

The IRS provides free resources and publications on estate and gift taxes, including instructions for Form 1041. Additionally, organizations like Nolo offer free articles and guides to help individuals understand wills, trusts, and probate processes.

🔎 Consider When Choosing a Service

  • ✅ Check the Trustpilot score for overall satisfaction.
  • 🔍 Look for user reviews that highlight common issues.
  • 💵 Compare costs for creating wills or trusts.
  • 📅 Be aware of processing times for document delivery.
  • 📞 Assess the customer support available for assistance.

❓ Frequently Asked Questions

❓ What is the current estate tax exclusion amount?

The estate tax exclusion amount for 2026 is $15 million. This means estates valued below this threshold will not be subject to federal estate tax.

🕒 How long does the probate process typically take?

The probate process generally takes a few months to a year, depending on the estate's complexity and state laws.

📜 Can I create an electronic will in any state?

As of October 2026, only Illinois has enacted legislation allowing electronic wills for terminally ill patients. Check your state’s laws for specific options.

💰 What are the costs associated with creating a living trust?

The costs for creating a living trust typically range from $1,000 to $3,000 when done through an attorney. This can vary based on the complexity of your estate.

📅 What are the deadlines for filing estate tax returns?

Estate tax returns are typically due nine months after the date of death. An extension of six months may be available in some cases.

📖 Where can I find free resources for estate planning?

The IRS offers free resources on estate and gift taxes, and Nolo provides articles and guides on wills and trusts. These can be valuable for understanding the estate planning process.

⚖️ Recent Court Cases Related to Estate Planning

Several recent court rulings have impacted estate planning and the validity of wills and trusts. These cases highlight the importance of proper documentation and adherence to legal requirements in estate planning.

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

End of October 2026 Update





Will, also regarded as a testament, is a legal document in which a person, known as the testator, lists the names of certain individuals to whom his/her assets and estate are to be transferred to in the event of his/her death.

Aside from real property, a will can also protect the children of the testator in the event of his/her death by assigning guardianship over such children, typically to a close family member or relative. 

What Can Be Included in a Will?

In the event that a will is drafted, just about any kind of physical property or asset can be assigned to be distributed to other people upon a person’s death. Typically speaking, a will mostly include financial instruments, such as money in the form of cash, stocks, bonds, and investments.

Quick And Easy Guide to Creating A Will

Another aspect typically included in a will is the transfer or the sale of any real property, such as a home or residence. However, any particular item in which the testator has lawful possession can be included in a will. Because wills are usually devised as a way to provide for the financial well-being of the testator’s survivors, items that are included will usually be those to which a fiscal value can be attributed to.

Examples may include jewelry, automobile, clothing, or valuable artwork. On the other hand, items that may have sentimental value are not uncommon as well, which essentially can include any particular item. 

Another important aspect that is included in wills is the guardianship of minor children. In the untimely passing of a parent, a will can legally insure that the children will be provided by particular member of the family or close relative. This will allow the circumvention of any possible state government involvement in determining who should have custody over such children.

How are Wills Created?

In the United States, a will can be written by any person over the legal age of eighteen. Furthermore, a person must be considered to be mentally sound in accordance to applicable laws in order for the will to be recognized and validated before the courts and the applicable laws. Wills can also be drafted in a variety of ways, either properly typed or handwritten.

The only exception will prove to be the state of Washington, in which handwritten wills are not recognized under state laws. Due the complexity of the laws that govern wills and the probate process, most will are usually drafted and created with the help of an attorney, though it is not necessary to be recognized as a legal document.

In any case, wills must all be signed by a second party acting as a witness to the testator’s signature making the will valid. Also, a notary public must also affix the appropriate seal and signature. In most cases, any witnesses that are signing off on the will should not be individuals that are receiving any kind of asset or item as a result of the will, due to a conflict of interest.

In the will, there is to be detailed information regarding all of the assets that are to be distributed upon death, including precise descriptions and the value of the assets or items. These items will be followed by the name of the person to which they are to be transferred to in accordance to the wishes of the testator.