Your 2026 Estate Planning Checklist

RKPT offers one-time, ad hoc, and ongoing support to people seeking estate planning advice throughout the year. While there is never a bad time to review your estate planning portfolio, we encourage our clients to take the beginning of each year as an opportunity to check in and make sure that their estate plan continues to meet their lifestyle and goals.

Reviewing and updating your estate planning documents is not just a good idea; it is a vital step to properly distribute your assets, transfer your bank accounts and safe deposit box contents, and provide peace of mind for your family members. (It also protects against the worst-case scenario: having no plan, and scrambling to create legal documents during end-of-life care.)

While we hope the guide below is helpful, we highly recommend speaking with an estate planning attorney to ensure your wishes are correctly incorporated into your estate plan. Finally, please note that this blog is general education, not legal or tax advice. Always consult a qualified estate‑planning attorney and tax professional in your state for personalized guidance.

Why should you check in regularly with your estate plan?

Lives change.

Major life events, such as marriage, divorce, births, deaths, starting or selling a business, moving, and so forth, can all change who you want to benefit, who should be in charge, and how assets should be managed. Regular check-ins keep your estate plan aligned with your current life, goals, and relationships, rather than the way things looked years ago.

Laws change.

Regular reviews also help your plan keep up with changing laws and finances, so it remains efficient and effective. Tax rules, estate exemptions, and state-specific estate and property laws are updated over time, and an old plan can unintentionally increase taxes, require unnecessary court involvement, or miss new planning opportunities.

Conflict happens.

Finally, keeping your estate plan current reduces the risk of conflict, confusion, and delay for your family. Outdated or unclear documents and beneficiary designations can send assets to people you no longer intend to benefit, trigger disputes among heirs, and create extra legal hurdles. Updating your plan regularly can provide a smoother administration process and greater peace of mind for both you and your loved ones.

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Estate Planning Checklist for 2026

Our 2026 estate planning checklist focuses on updating core documents, preparing for potential federal tax changes, and accounting for special rules in Ohio and Kentucky. Laws continue to evolve, especially around federal estate tax thresholds and Kentucky’s inheritance tax, so 2026 is a key year to review your plan.

1. Clarify Your Goals

No two estate plans will be exactly alike, and it’s expected that your estate plan will change throughout your life. Start by listing what you own (real estate, accounts, business interests, insurance, retirement plans) and who you want to benefit from your estate. Include where each asset is located, because out‑of‑state real estate, for example, a Kentucky cabin owned by an Ohio resident, can trigger a separate probate process. (In Kentucky, this also means the potential for additional inheritance tax)

Start your estate planning process by defining who should inherit your estate, in what shares, who needs asset protection, and whether charitable giving is part of your plan. For blended families or second marriages in either Ohio or Kentucky, list specific outcomes you want (such as protecting children from a prior relationship) so your attorney can recommend the right tools. This may include irrevocable trusts or marital agreements.

2. Asset Titling

Asset titling is the way ownership of property is legally recorded, and it is one of the most important—and, often, overlooked—pieces of estate planning. It determines who controls an asset during your lifetime and who receives it at death, often regardless of what your will or trust says. It does not matter how well your estate documents are drafted if your assets are not titled properly. This is a critical component of any estate plan.

Different forms of titling (individual ownership, joint ownership with or without survivorship rights, community property, and beneficiary designations like POD/TOD) control whether an asset must go through probate and who inherits it by default. For example, a retirement account or bank account with a named beneficiary, or an account titled transfer-on-death, will pass directly to that beneficiary. Named-beneficiary status takes priority over designations made in your will.

If titles and beneficiary designations conflict with your documents, assets may pass to unintended people, trigger extra taxes, or cause disputes among heirs. Our estate planning attorneys will review (and often retitle) your assets like real estate, financial accounts, and business interests. Proper beneficiary designations help you control who inherits what, avoid probate, and minimize your taxable assets after death.

3. Update Your Documents

Every 2026 estate review should include fresh versions (or at least confirmations) of the following documents:

• A will. This document names your beneficiaries, executor, and any guardians for minor children, and should be updated for births, deaths, divorces, and major asset changes. If you live in one state and own property in the other (Ohio vs. Kentucky), discuss whether ancillary probate or a revocable trust is better for you.
• Durable financial power of attorney. This document authorizes someone to manage your finances if you become incapacitated. Banks and title companies often prefer newer documents (typically updated every 5–10 years).
• Health care directive and health care power of attorney. These documents allow you to name a medical decision‑maker and specify end‑of‑life choices; each state has its own statutory forms, so use Ohio forms for Ohio residents and Kentucky forms for Kentucky residents or those frequently treated there.

Beneficiary designations on retirement accounts, life insurance, and payable‑on‑death or transfer‑on‑death accounts must be checked in 2026, because they override your will and can unintentionally disinherit people if not updated after life changes.

4. Incorporate Federal Tax Code Changes

Recent changes to the federal transfer tax system demonstrate the importance of keeping estate plans updated regularly. Congress recently increased the federal estate and gift tax basic exclusion amount to a permanent $15 million per person as of 2026. Future increases will be indexed for inflation.

Estate planners must now confirm how much transfer tax shelter is available when designing strategies for transfers of wealth. Only an act of Congress can change the structure or base amount of this exclusion; the IRS will continue to publish annual inflation adjustments, which will affect this amount. Well-drafted estate plans should build in flexibility for such changes, including formula clauses and discretionary trusts, that automatically adapt to these changing federal thresholds.

5. Review New Ohio and Kentucky Tax Statutes

In addition to federal tax changes, you will also want to review your state tax statutes for any changes that may affect your estate planning outcomes.

Ohio: Ohio currently has no state‑level estate or inheritance tax, so most Ohio families only need to worry about federal estate tax thresholds and ordinary income tax on inherited retirement accounts. With that said, state tax codes are constantly changing and evolving, so it is wise to speak with an estate planning attorney to make sure that your wishes align with any new changes to Ohio tax law.

While Ohio residents do not pay state estate or inheritance tax as of 2025, the federal estate tax can still apply. If your total wealth exceeds federal exemption amounts, you may consider using credit shelter trusts, lifetime gifting, estate tax strategies and charitable strategies to reduce your tax burden. Ohio also allows transfer‑on‑death designations for real estate and vehicles, which can help avoid probate if used correctly as part of a coordinated plan.

Kentucky: Kentucky does not have a traditional estate tax but does impose an inheritance tax on many non‑lineal heirs, using classes of beneficiaries with different exemptions and rates. The beneficiary group to which the person belongs determines the tax they pay. A spouse, child, grandchild, parent, sibling, or sibling is fully exempt from Kentucky inheritance tax. (Other relatives and unrelated individuals receive a small exemption based on their relationship to the decedent; this classification will also determine their tax rate.)

Because Kentucky imposes an inheritance tax on certain beneficiaries, it is important to review your estate plan carefully. Kentucky residents who plan to benefit friends, distant relatives, or charities should have their 2026 plan reviewed to minimize or manage inheritance tax, often using trusts, charitable bequests, or beneficiary choices.

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6. Review Your Trusts and Beneficiaries

Finally, now is a perfect time to reevaluate your beneficiaries to make sure their allocation is current, appropriate, and specific to each asset type. In 2026, you should:

Review annual gift exclusions and prepare for any large one‑time transfers before any reduction in effective federal exemptions.

Confirm how retirement accounts will be passed, especially under post‑SECURE Act rules that often require many non‑spouse beneficiaries to withdraw inherited IRAs within 10 years; Create a durable power of attorney (POA) so a trusted person can manage your medical treatments and finances and make decisions if you become incapacitated.

Create or review a revocable living trust to avoid multi‑state probate, maintain privacy, and provide clearer management of assets during incapacity;

Design an irrevocable trust, spousal lifetime access trust (SLAT), or life insurance trust on larger estates to lock in current federal exemptions and remove future appreciation from your taxable assets; and

Schedule a meeting with an estate planning attorney licensed in Ohio, Kentucky, or both if you own property or have beneficiaries in each state, so your documents and titling align with state‑specific rules and tax issues.

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As 2025 comes to a close, RKPT wishes to thank the clients and co-counsel members who made our success possible. We stand ready to help with any estate planning needs you may have, including wills and trusts, estate administration, and guardianship decisions. Call (513) 721-3330 to work with an experienced estate planning attorney near you.