Estate planning is no longer just about drafting a will. As Georgia families enter 2026, new financial realities, evolving family structures, digital assets, and shifting federal tax rules are reshaping how people protect their legacy. Whether you’re creating an estate plan for the first time or updating an existing one, 2026 is the perfect year to make sure your documents reflect your life, your goals, and current laws.
This guide breaks down everything Georgia residents should know to build a clear, effective, and future-proof estate plan in 2026.
Why Estate Planning Matters More Than Ever in 2026
A strong estate plan helps:
- Protect your family financially
- Avoid unnecessary probate costs
- Prevent family disputes
- Keep control over who receives what
- Plan for incapacity and long-term care
- Reduce taxes and preserve wealth
- Protect minor children and vulnerable loved ones
Georgia residents also face a major federal development in January 2026: the potential sunset of the higher federal estate and gift tax exemptions, which could significantly impact wealth transfers. Staying ahead of this change is critical.
Learn more on our Estate Planning Services page.
1. Review Your Will for Accuracy and Compliance
Your will is the foundation of your estate plan. In 2026, make sure your will:
- Names beneficiaries clearly
- Appoints a capable executor
- Names guardians for minor children
- Reflects changes in relationships, finances, and family size
- Accounts for blended families or former spouses
- Complies with Georgia’s execution rules (proper signing + 2 witnesses)
If your will is more than 3–5 years old or major life events occurred, a 2026 update is smart.
2. Consider a Revocable Living Trust to Avoid Probate
Probate in Georgia is simpler than in many states, but it still creates:
- Delays
- Public records
- Costs
- Opportunities for disputes
A revocable living trust can:
- Keep your estate private
- Help assets transfer faster
- Reduce court involvement
- Protect your family during incapacity
- Provide structured distribution for young or vulnerable beneficiaries
Learn more at our Trusts & Estate Planning page.
3. Plan for Incapacity Before It Happens
A complete estate plan includes documents that protect you while you’re alive.
Every Georgia adult needs:
- Durable Financial Power of Attorney
Allows someone you trust to manage finances if you’re unable. - Advance Healthcare Directive
Helps loved ones make medical decisions and reflects your care preferences. - HIPAA Authorization
Gives access to medical information for trusted individuals.
Without these documents, your family may face expensive guardianship proceedings.
4. Prepare for the 2026 Federal Estate Tax Changes
The federal estate tax exemption is scheduled to drop by almost half in 2026 unless Congress acts.
This could impact:
- Higher-net-worth individuals
- Owners of businesses, farms, or real estate portfolios
- Families wanting to transfer wealth efficiently
Strategies to consider:
- Lifetime gifts
- Irrevocable trusts
- Spousal Lifetime Access Trusts (SLATs)
- Charitable trusts
- 2024–2025 gifting before the exemption drops
Your 2026 plan should account for this potential shift.
5. Protect Minor Children With Trusts
Minor children cannot legally inherit large assets outright in Georgia. Without planning, the court may appoint a conservator, and the child may receive funds all at once at age 18.
Create a trust to:
- Decide how and when funds are distributed
- Protect money from mismanagement
- Structure distributions over time
- Ensure funds support education, healthcare, and upbringing
This keeps children financially secure and avoids unnecessary court oversight.
6. Update Beneficiary Designations
Many assets bypass wills entirely. Make sure you review:
- Life insurance
- Retirement accounts
- Pensions
- Payable-on-death (POD) accounts
- Transfer-on-death (TOD) accounts
- Annuities
Ensure your beneficiary choices align with your overall plan and avoid naming minors directly.
7. Don’t Forget Digital Assets in 2026
Modern estate plans should include instructions for:
- Online accounts
- Social media
- Cryptocurrency
- Digital wallets
- Cloud storage
- Online business accounts
- Password access
Georgia law (RUFADAA) allows you to authorize someone to access digital assets — but only if properly documented.
8. Plan for Long-Term Care and Medicaid
Long-term care is one of the largest threats to an estate’s value. Consider:
- Long-term care insurance
- Medicaid planning
- Irrevocable Medicaid Asset Protection Trusts
- Planning at least 5 years before needing care
Without planning, long-term care costs can drain an estate quickly. Learn more on our Probate & Elder Law page.
9. Structure Inheritance for Financially Vulnerable Beneficiaries
2026 is a good year to review protections for beneficiaries who may struggle with:
- Debt
- Addiction
- Disabilities
- Lawsuits or creditors
- Poor money management
- Divorce risk
Tools like spendthrift trusts, special needs trusts, and lifetime trusts can protect assets long after you’re gone.
10. Schedule a 2026 Estate Plan Review
Estate planning is not a one-time document — it’s an ongoing strategy. Reasons to review your plan in 2026 include:
- New laws or tax changes
- Marriage or divorce
- Birth or adoption of a child
- Death of a family member or named executor
- Buying or selling real estate
- Opening or closing a business
- Significant financial changes
- Relocation within or outside Georgia
A yearly review helps keep your plan current and effective.
Final Thoughts
2026 will be an important year for estate planning in Georgia. With potential tax law changes, evolving family dynamics, and increased digital complexity, Georgia families need a comprehensive, updated plan to protect their legacy.
If you’re ready to update your will, trust, or entire estate plan for 2026, the attorneys at Hurban Law can help you create a clear, legally sound roadmap that protects your family and your future.
