how often should you update your will is one of the most common questions families ask after finishing their estate plan. The short answer: review it every three to five years, and after every major life event. A will is not a one-time task. Laws change, families grow, and assets move.
For example, the federal estate tax exemption rose to $15 million per person on January 1, 2026. That single change made older tax-planning wills outdated overnight. In most cases, an out-of-date will still works. However, it may leave out new children, name the wrong people, or send property to an ex-spouse’s family. A quick review costs little and prevents real heartache later.
How Often Should You Update Your Will: The 3-to-5-Year Rule
Most estate planning attorneys suggest a full review every three to five years. There is no law that forces you to update a will. A valid will stays valid for decades. However, an old will can quietly drift away from your real life. People die, businesses sell, and grandchildren arrive. As a result, the “three to five years” habit works like a smoke detector check. You look, confirm everything still fits, and move on.
When people ask how often should you update your will, the calendar is only half the answer. Life events matter more than years passing. Typically, you should reread your will after any marriage, divorce, birth, adoption, death of a beneficiary, or move to a new state. You should also review it after buying a home or business, or after a big change in what you own. For example, a will written when you rented an apartment may not handle a house with $300,000 in equity.
Reviewing does not always mean rewriting. Many reviews end with no changes at all. That is a good outcome. The point of asking how often should you update your will is to catch problems while you can still fix them.
Life Events That Should Trigger an Update — and What State Law Does
Some life events do more than make your will outdated. They can change how it works under state law, automatically. Divorce is the biggest one. In most states, divorce revokes every gift to your ex-spouse in your will. California spells this out in Probate Code Section 6122. The ex-spouse is treated as if they died before you. Florida has a similar rule in Florida Statutes Section 732.507(2). However, these laws only cover the ex-spouse. Gifts to former in-laws may still stand in some states. Updating the will removes all doubt.
Marriage and new children also trigger legal safety nets. In California, a spouse or child left out of an older will can often claim an intestate share of your estate. “Intestate” simply means the share state law gives when there is no will. That protection sits in California Probate Code Section 21610. These backup rules help, but they rarely match what you would actually choose. Moving matters too. All states accept a will signed by two witnesses, as required by laws like Texas Estates Code Section 251.051. However, your new state may tax your estate very differently.
| Change in 2026 | Exact Figure | Why It Matters for Your Will |
|---|---|---|
| Federal estate tax exemption | $15 million per person ($30 million per couple) | Set by the 2025 tax law amending 26 U.S.C. § 2010; older tax-driven wills may be obsolete |
| Annual gift tax exclusion | $19,000 per recipient | Lifetime gifts can shrink what your will must handle |
| Oregon estate tax exemption | $1 million | Moving to Oregon can create state tax your old will ignored |
| Massachusetts estate tax exemption | $2 million | Same risk for moves to Massachusetts |
| Witnesses to sign a valid will | 2 witnesses (nearly every state) | Any update must be signed with the same formality |
How to Update Your Will Calmly and Correctly
Start with a simple read-through. Check four things: your executor, your beneficiaries, your children’s guardian, and your major assets. The executor is the person who carries out the will through probate, the court process that transfers property. If any name or asset no longer fits, note it. Then decide between a codicil and a new will. A codicil is a short, signed amendment. It needs the same two witnesses as a full will. In most cases, a fresh will is cleaner and prevents confusion between documents.
Next, check the things your will does not control. Life insurance, 401(k)s, and payable-on-death accounts pass by beneficiary form, not by will. An updated will cannot fix an outdated beneficiary form. As a result, review both at the same time. The IRS estate tax page explains the current federal figures if taxes are a concern.
Finally, put a reminder on your calendar. Asking how often should you update your will works best as a routine, not a crisis response. Pick a recurring date, such as a birthday or the new year. Many families can handle a simple review themselves. For blended families, business owners, or taxable estates, check with your state’s court self-help center or a licensed attorney.
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Frequently Asked Questions
Does a will expire if I never update it?
No. A valid will has no expiration date. However, an old will can name people who have died or miss children born later, so regular reviews still matter.
How often should you update your will if nothing has changed?
Typically, a look every three to five years is enough. Laws shift even when your life does not. For example, the federal estate tax exemption changed to $15 million in 2026.
Do I need a lawyer to update my will?
Not always. Many states let you sign a new will or codicil with two witnesses on your own. In most cases, though, a licensed attorney is worth it for blended families, businesses, or larger estates.
Make Sure Your Plan Actually Works
A will or trust only does its job if the rest of your plan lines up. Two quick checks before you finish:
- Get your state’s exact rules — witnesses, notary, probate cost, and tax thresholds vary by state.
- Beneficiary forms beat your will — make sure your life-insurance beneficiaries are current, because named beneficiaries pass outside your will.
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified July 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Wills by State
- Trusts & Living Trusts by State
- Estate & Inheritance Tax by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.