This 2025 estate planning update highlights how much has already shifted -from record-high tax exemptions that may soon vanish, to new retirement account options, to the growing importance of healthcare directives and digital inheritance. Even if you thought your plan was complete last year, chances are something important now needs an update.
In the sections below, this 2025 estate planning update walks you through the most important developments so far, plus what to watch as we head into Q4 and beyond. Among the most significant estate planning changes 2025 has brought are record-high tax exemptions, shifting retirement account rules, and growing attention to digital assets.
👉 If you’re just getting started with end of life planning, you might also like: Where to Start: The First Steps to Get Your Affairs in Order.
1. Financial & Legal Changes in 2025
Estate Tax Exemptions at Record Highs – But Sunsetting
In 2025, the federal estate and gift tax exemption rose to $13.99 million per person (KPMG). That means a married couple can currently shield nearly $28 million from federal estate tax. However, unless Congress acts, these levels will sunset at the end of 2025, likely dropping to around $7 million per person in 2026 (Barron’s).
Why it matters: If your estate is near or above the reduced threshold, 2025 may be the best window for gifting, funding trusts, or other planning moves before the exemption falls.
New Tax Law: OBBBA and SALT Deductions
The One Big Beautiful Bill Act (OBBBA) raised the SALT (state and local tax) deduction cap from $10,000 to $40,000. This opens the door to new trust-based strategies for families in high-tax states.
Why it matters: If you live in a state with high property or income taxes, this change may provide significant savings if your plan is structured correctly.
Retirement Accounts and Alternative Assets
In 2025, new rules allow private equity, real estate, annuities, and even crypto inside 401(k) plans. While these options could boost returns, they also increase complexity and risk.
Why it matters: Talk with your financial advisor before making changes. More choices can be powerful, but they require careful oversight.
2. Trusts, Wills & Beneficiaries
Trust Planning Expands
This year has seen more families using special needs trusts, charitable trusts, QTIPs, and irrevocable life insurance trusts (ILITs) to protect assets and direct wealth.
Why it matters: The right trust can secure a child’s future, support a cause you care about, or reduce taxes. But the wrong setup – or failing to update -can cause conflict and delay.
Wills & Beneficiaries Still Misaligned
Nearly 50% of Americans still don’t have a will (NY Post). Even when they do, outdated beneficiary forms on retirement accounts or insurance policies often override the will.
Why it matters: Your family could face unnecessary stress and legal challenges if your will and beneficiary forms don’t match.
3. Medical & Healthcare Planning
Healthcare Directives Get More Attention
This 2025 end-of-life planning update also shows how medical directives are gaining urgency, with more adults asking about living wills and healthcare proxies. Yet only 37% of U.S. adults have actually completed one (Certainty News). Without clear directives, medical providers often default to aggressive treatments that may not reflect a patient’s wishes.
Why it matters: Completing or updating a healthcare directive ensures that your preferences are respected, and it relieves loved ones from making impossible decisions in a crisis.
As this 2025 estate planning update makes clear, keeping wills, beneficiaries, and healthcare directives aligned is just as important as the legal documents themselves
State-Level Adjustments
Some states have updated rules for powers of attorney and healthcare forms – for example, Illinois adjusted its acceptance rules in 2025. Even if you already have documents in place, state-specific updates may require revisions.
Why it matters: Always confirm your documents meet current state requirements.
4. Digital & Legacy Planning
Digital Assets Now Front and Center
A 2025 survey found that over 70% of adults own digital assets, yet most people have not included them in their estate plans. Platforms like Google’s Inactive Account Manager and Apple’s Legacy Contact are gaining traction as tools to grant digital access.
Why it matters: Without a plan, families may face locked accounts, inaccessible funds, or the loss of treasured photos and files.
Legacy Beyond Paperwork
Advisors are encouraging families to go beyond legal documents—adding letters, personal reflections, and family stories to their planning.
Why it matters: It’s not just about who gets what. These personal touches help loved ones feel connected and confident they’re honoring your wishes.
5. Looking Ahead to Q4 and 2026
Estate Tax Sunset Looms (2026): The exemption drop has already been discussed, but what’s less talked about are the ripple effects. Congress may wait until late 2025 to make a decision, creating uncertainty for families trying to plan. Estate attorneys also warn that a last-minute rush could overwhelm law firms and trust companies, leaving those who procrastinate unable to finalize strategies in time. And for families in states with their own estate or inheritance taxes, the federal sunset could stack on top of state-level rules, magnifying the impact.
SECURE 2.0 Act Rollouts Continue: New rules on RMD ages, Roth conversions, and saver credits are still phasing in. Check how these impact your retirement accounts.
👉 What’s an RMD? It’s the minimum amount you’re required to withdraw each year from retirement accounts like IRAs and 401(k)s once you reach a certain age. Under the new law, that age is gradually increasing—from 72 in the past, to 73 now, and eventually 75 by 2033.
Healthcare & Digital Law in Motion: Several states are considering updates to digital asset laws and advance directive forms. Expect further developments into 2026.
Why it matters: Together, these shifts may affect your taxes, your retirement income, and whether your healthcare and digital instructions remain legally valid. Importantly, delays, last-minute bottlenecks, or outdated documents could leave families scrambling. Staying proactive as 2025 winds down will help ensure your plan holds up when it’s needed.
Final Thought
Taken together, these estate planning changes 2025 highlight why reviewing your documents now is smarter than waiting until 2026. Laws shift, technology evolves, and family needs change. Reviewing your plan now can help prevent confusion later.
The Ultimate End-of-Life Planner for Peace of Mind, with its free digital toolkit, was created to help you keep everything in one place – legal, financial, medical, and personal – so your plans actually work when it matters most.
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