Older woman seated at wooden desk reviewing documents with glasses, notepad, and open book visible

Key Updates in Estate Planning Law for 2026

SimplyTrustSimplyTrust Editorial··2 min read

Discover the essential updates in estate planning law for 2026 that could impact your financial future.

Are you prepared for the latest changes in estate planning law? As we enter 2026, several significant updates could impact how you manage your estate and tax obligations. Staying informed is crucial for making the best decisions for your family’s future.

One of the most important updates involves the 2026 Estate and Gift Tax Update, which was published on February 10, 2026. This update outlines changes to the exclusion amounts and tax brackets that could affect your estate planning strategy. For instance, the federal gift tax exclusion is set to increase to $17,000 per recipient in 2026. This means you can gift more money to your loved ones without triggering the gift tax, allowing for better planning of your estate.

Additionally, considerations surrounding trusts are evolving. The recent trend in Domestic Asset Protection Trusts (DAPT) is gaining traction. These trusts can provide a layer of protection against creditors while allowing you to maintain control over your assets. As litigation risks rise, especially in states with more litigious environments, exploring DAPTs might be a wise move to safeguard your wealth.

Another essential aspect to consider is the impact of state laws on estate planning. Different states have varying regulations regarding estate taxes, probate processes, and trust laws. For example, states like California and New York have specific requirements that could significantly affect your estate strategy. Therefore, it’s crucial to consult with an estate planning attorney familiar with your state’s laws to ensure compliance and optimal planning.

As these changes roll out, now is the time to review your estate plan. Have you updated your will or trust to reflect the new tax laws? Are you aware of how these adjustments might affect your beneficiaries? Taking proactive steps can ensure that your estate is managed the way you envision. Consider scheduling a meeting with a professional to discuss your estate plan and make any necessary updates promptly.

Read the original article →

California Estate Law GuideProbate costs, will requirements, trust rules, and intestate succession.

Forms for Planning Your Estate

Free forms for planning your estate: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

Free

Last Will and Testament

Name your heirs, guardians, and final wishes. Free for every state.

Get Started
Free

Healthcare Power of Attorney

Name someone to make medical decisions if you can't.

Get Started
Free

Financial Power of Attorney

Name someone to manage your finances if you can't.

Get Started
Free

Transfer on Death Deed

Transfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.

Get Started
Free

Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

Get Started
Free

Living Will

State in advance which life-sustaining treatments you want or refuse, in the document your state recognizes, with signing instructions from the statute.

Get Started

All forms

Tools for Planning Your Estate

Free tools for planning your estate: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

What Does Estate Planning Actually Cost?

Compare costs across estate planning providers including online services and attorneys.

Compare Costs

How Much Life Insurance Do I Need?

Calculate your life insurance needs based on income, debts, and family situation.

Use Calculator

Are My Beneficiary Designations Protected?

Check how divorce, creditors, and state laws affect your beneficiary designations.

Check Now

How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate.

Use Calculator

Who Inherits Without a Will?

Find out who inherits your estate and how much they get if you die without a will.

Use Calculator

How Much Does a Revocable Living Trust Cost?

Compare revocable living trust costs across providers including online services and attorneys.

Compare Costs

How Much Does a Will Cost?

Compare will costs across providers plus probate costs your heirs will pay.

Compare Costs

How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

Compare Services

All tools