📅 2026 Update: Key Changes in Wills and Estate Planning

Since the original article was published, there have been significant updates in the realm of wills and estate planning. These changes could directly impact how individuals plan and manage their estates. The earlier article continues further down the page, providing foundational knowledge alongside these new developments.

📈 Estate Tax Changes

The estate tax exclusion amount has changed in 2026. The Working Families Tax Cuts Bill increased the basic exclusion to $15 million for this year. However, starting in 2026, the exclusion will revert to the $5 million level established in 2017, adjusted for inflation.

This means that only estates valued over $15 million will incur federal estate tax.

🖥️ Electronic Wills in Illinois

Illinois has made strides in estate planning with the introduction of electronic wills. As of September 12, 2026, terminally ill patients in Illinois can request life-ending medication under the End-of-Life Options for Terminally Ill Patients Act. This new law aligns with the modern needs of estate planning.

📝 Living Trust Costs

The cost of creating a living trust remains consistent. When working with an attorney, individuals can expect to pay between $1,000 and $3,000. This investment helps in managing assets effectively and may simplify the distribution process after death.

⏳ Probate Duration

The probate process generally takes a few months to a year, depending on the estate's complexity and state laws. While this timeframe has not changed, it is essential for individuals to plan accordingly, especially if there are several assets involved.

📌 Key Points Summary

  • The estate tax exclusion is $15 million for 2026.
  • Electronic wills are now allowed in Illinois.
  • Living trusts can cost between $1,000 and $3,000.
  • Probate typically takes a few months to a year.
  • Only estates over $15 million are subject to federal estate tax in 2026.

💡 Tips for Wills and Estate Planning

It is important to go over the details of your own situation with your attorney.

🖊️ Review Your Estate Plan Regularly

Changes in laws and personal circumstances can affect your estate plan. Regular reviews ensure that your plan remains effective and up-to-date.

📑 Consider Electronic Wills

If you reside in Illinois, explore the option of electronic wills, especially if you are terminally ill. This can simplify the process of managing your estate.

💰 Understand Living Trust Costs

Creating a living trust can provide benefits in managing assets. Be aware of the costs involved, which range from $1,000 to $3,000 when working with an attorney.

🏛️ Know the Probate Process

Understanding the probate process can help you plan better. Since it typically takes months to a year, consider how your assets will be managed during this time.

📅 Stay Aware of Tax Changes

With the estate tax exclusion reverting to $5 million, it is crucial to stay informed about these changes. This can significantly affect your estate planning strategy.

🔍 Utilize Free Resources

Make use of free resources provided by the IRS and organizations like Nolo to understand estate planning better. These can offer valuable insights into wills and trusts.

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

This section highlights various services related to wills and estate planning, including legal document preparation and online legal services. These companies have been evaluated based on Trustpilot data as of October 2026. Ratings can change as new reviews come in.

Star ratings are one factor, but keep in mind that unhappy customers often leave more feedback, which can affect overall scores.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. It is known for its legal document preparation services and business formation support. However, some users have reported delays in customer support response times, which could impact the overall experience.

🥈 2. Rocket Lawyer

Rocket Lawyer holds a score of 4.5. This service offers online legal services and document creation tools. Some users find the subscription model pricing unclear, which may be a consideration for potential customers.

🥉 3. TotalLegal

TotalLegal averages 4.6. It is recognized for providing affordable legal documents through a user-friendly interface. Nevertheless, some customers have mentioned occasional formatting issues with their documents, which is something to keep in mind.

4️⃣ Quicken Willmaker

Quicken Willmaker has a rating of 4.5. It is known for its estate planning software that allows users to create customizable legal documents. However, some users have reported issues with software updates that might affect usability.

5️⃣ Trust & Will

Trust & Will is rated 4.5. This service focuses on online estate planning and offers digital wills and trusts. Some users have experienced issues with document delivery times, which could be a potential drawback.

🆓 Free Government Resources

The IRS provides free resources and publications on estate and gift taxes, including instructions for Form 1041. Nolo also offers free articles and guides on wills, trusts, and probate, which can help individuals navigate estate planning.

🔎 What to Compare When Choosing Estate Planning Services

  • 💻 Service Types: Look into whether they offer online tools or in-person services.
  • 💲 Costs: Compare prices for living trusts and other services.
  • ⏰ Processing Times: Check how long it takes to complete document preparation or probate processes.
  • 📑 User Reviews: Read reviews to understand customer experiences.
  • 📞 Support Availability: Consider how customer support is rated and the response time.

❓ Frequently Asked Questions

🧐 What is the estate tax exclusion amount for 2026?

The estate tax exclusion amount for 2026 is $15 million, as per the Working Families Tax Cuts Bill.

🗂️ How long does the probate process usually take?

The probate process can take a few months to a year, depending on the complexity of the estate and state laws.

📅 When is Form 1041 due?

Form 1041 is due on the 15th day of the fourth month after the end of the estate's or trust's tax year.

🖥️ What are the costs involved in creating a living trust?

Creating a living trust typically costs between $1,000 and $3,000 when done through an attorney.

📜 Can I create an electronic will in Illinois?

Yes, Illinois allows electronic wills as of September 12, 2026, for terminally ill patients.

📈 What happens if my estate exceeds the exclusion amount?

If your estate exceeds the exclusion amount, it will be subject to federal estate tax, which only affects a small percentage of estates.

⚖️ Recent Court Cases in Wills and Estate Planning

Recent court rulings have examined various aspects of estate planning, from will validity to trust disputes. These cases highlight how courts interpret laws related to wills and estates.

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

End of October 2026 Update






The Importance of Wills and Estate Planning



 



 

Wills and Estate Planning


Many don’t want to think about what ‘estate planning’ means, but the bottom line is this: no one really has a choice in the matter. If there are assets, an individual’s going to have to ask one question: when I die, where do the assets go?



 



 



Where does the computer or laptop go? Where does the house go? Where does the furniture go? Who gets a hold of my savings account? I have $400 in there at the moment. Who gets it?



 



 



These are questions that need to be asked. And they’re answered when wills and estate planning is conducted properly.



 



 



What is a ‘Living Will’?



 



 



This is a special kind of document under the category of wills and estate planning, because it typically involves a terminal condition of some kind or even a vegetative or catatonic state.



 



 



If someone knows that it’s pretty eminent, it’s important to understand that a ‘Living Will’ should be drawn up. It simply states that a physician has the power to end all life support – all kinds of life-sustaining procedures, such as blood transfusion, respiration, kidney dialysis – when it’s clear that the person’s condition will not improve.



 



 



This is an important document, in that it doesn’t condone an assisted suicide given the knowledge that at a vegetative state a person can’t willfully at that moment in time agree to it; nor can it be stipulated that a person wants to die with the assistance of a physician, but rather stresses the fact that a terminal condition will result in death no matter what, rendering all types of life support completely pointless.



 



 



This, of course, brings in another aspect of wills and estate planning that end up staying in effect upon the release of a Living Will –



 



 



A Last Will and Testament



 



 



Wills and estate planning involve many documents, but this one is probably the most important. It lists beneficiaries, everyone who is entitled to receive some form of asset upon a person’s death. It’s essentially the dying wishes of a human being.



 



 



There’s a certain prestige behind it and also carries a cornerstone of wills and estate planning that can never be forgotten. There’s not one person in the world that probably shouldn’t draw one up.



 



 



But the Main Reason to Consider Wills and Estate Planning Is….



 



 



It’s binding. It’s solidified by law. And most times it can never be contested in court.



 



 



Whatever a person says in a will is then honored by law, hands down, no exceptions. And this is important to know specifically if a person has children under the age of 18.



 



 



If the person dies, the question is this: who gets the children? A will can make sure all that is taken care of. If there’s nothing written down in a will stating guardianship, the process can take a long time to determine who will have the right to care for the children! Not to mention disputes.



 



 



Many might think there’s not a whole lot there to give. When a person knows death will be coming soon, that person would be surprised in knowing that there is in fact plenty.



 



 



Hence, wills and some expert estate planning are essential.