Corrections and updates

When we find an error, or a law changes, we fix the page and record it here, newest first. To report a problem, email martin@afterkin.com. Our editorial policy explains how the guides are made, including our use of AI tools, and how facts are checked.

State guide review

In September 2026 we started rechecking every state guide against current state law, beginning with the states our readers use most. Each review covers small-estate limits, creditor deadlines, estate and inheritance tax, a surviving spouse's rights, and will signing rules.

Next scheduled check of yearly dollar figures: January 2027.

September 2026

September 23

• South Dakota: the elective share cited an older law giving one-third. Under current law, the share grows with the length of the marriage, from 3% to 50% of the augmented estate, with a $50,000 minimum (SDCL § 29A-2-202). The guide said real estate can't use an affidavit; real estate worth $50,000 or less can, 60 days after death (§ 29A-3-1203). Creditor deadlines, will and advance directive signing rules, transfer-on-death vehicle titles (since July 2025), and Medicaid recovery were also corrected, and the South Dakota probate page and estimator now show the $100,000 limit and 4-month creditor period.
• Montana: the elective share cited a law repealed in 2019. A surviving spouse can now claim 50% of the marital-property portion of the augmented estate, with up to $75,000 as a minimum (MCA 72-2-232). Medicaid recovery is not limited to the probate estate; it reaches joint tenancy, life estates, and living trusts (MCA 53-6-167). Intestate shares, will witness rules, living will signing rules, and transfer-on-death vehicle titles were also corrected, and the Montana probate page now shows the $100,000 small estate limit.
• Minnesota: the guide said Minnesota recognizes handwritten (holographic) wills. It does not; a will needs two witnesses (Minn. Stat. § 524.2-502). It also said creditors have one year or four months, "whichever is later"; claims are due four months after notice, and one year after death is the outer limit (§ 524.3-803). Added transfer-on-death vehicle titles (§ 168A.125) and corrected how Medicaid recovery works when a spouse survives (§ 256B.15).
• Arkansas: the guide said handwritten wills are not valid; they are, if three disinterested witnesses confirm the handwriting (Ark. Code § 28-25-104). It said the $100,000 small estate affidavit covers personal property only; it covers all property except the homestead and can include real estate (§ 28-41-101). The creditor period is 6 months, not 3 (§ 28-50-101). With no will, children inherit ahead of a spouse (§ 28-9-214), and dower includes one-third of personal property, not only land (§ 28-11-305). Executor fee caps, advance directive signing rules, transfer-on-death vehicle titles, and Medicaid recovery were also corrected.
• Nebraska: inheritance tax rates were the ones in effect before 2023. For deaths on or after January 1, 2023, a spouse pays nothing, close relatives pay 1% over $100,000, aunts, uncles, nieces, and nephews pay 11% over $40,000, and others pay 15% over $25,000 (Neb. Rev. Stat. §§ 77-2004 to 77-2006). The guide also said real estate can't use a small-estate affidavit (it can, up to $100,000, § 30-24,129), that Nebraska has no transfer-on-death vehicle titles (it does, § 30-2715.01), and that Medicaid recovery is limited to the probate estate (it includes non-probate assets, § 68-919). Creditor deadlines, will witness rules, and advance directive signing rules were also corrected.
• New Jersey: said six states have an inheritance tax. It is five; Iowa's ended for deaths on or after January 1, 2025.
• Letters of administration and letters testamentary: both articles said letters expire in many states, including California (after 60 days or 6 months) and Texas (after one year). In most states, letters stay in effect until the estate closes. What often has a time limit is the certified copy, since many banks want one dated within the last 60 days. Texas sets an expiration only for guardianship letters. Sources: Texas Estates Code §§ 306.006, 1106.002; California Probate Code § 8400.
• Letters of administration: the article said Texas and New York use "letters testamentary" when there is no will. Both issue letters of administration in that case (Texas Estates Code § 306.002). It also cited the wrong law for California's $435 filing fee, which comes from the 2026 Statewide Civil Fee Schedule.
• Main guide, "Secure the home": the step said not to change locks. It now says to lock the home and vehicles, consider changing locks and codes if keys are missing, contact the landlord if the home was rented, and not lock out anyone who lives there. It also now explains that an executor's legal authority begins when a court appoints them. Sources: AARP after-death checklist; Idaho Code § 15-3-701.
• State guides index: the Delaware card still showed the old $30,000 limit. Corrected to $50,000 to match the Delaware guide.

September 22

• Delaware: the small-estate affidavit limit is $50,000, not $30,000. Source: 12 Del. C. § 2306.
• Virginia: the small-estate affidavit limit is $75,000, not $50,000. Also corrected in the site's tools and four articles. Source: Va. Code § 64.2-601.
• Illinois: the small-estate affidavit limit is $150,000, not $100,000. Source: 755 ILCS 5/25-1.
• Tennessee: since 2023, small estates go through a sworn court petition, not a simple affidavit. Source: Tennessee Small Estate Probate Act (Pub. Ch. 297, 2023).
• Alabama and New Mexico: handwritten (holographic) wills are not valid in either state. The guides said they were. Sources: Ala. Code § 43-8-131; NMSA § 45-2-502.
• New York: New York has allowed transfer-on-death deeds for real estate since 2024. The guide said it did not. Source: N.Y. Real Property Law § 424.
• Oregon: the small-estate affidavit can include real estate. The guide said it could not. Source: ORS 114.515.
• Maine: the guide was based on Maine's old probate code (Title 18-A), which has been replaced. Rewritten to current Title 18-C, including the $52,500 small-estate limit for 2026 deaths.
• Mississippi: the guide said Mississippi still has dower and curtesy rights. Those were abolished long ago. A surviving spouse's protection is the right to renounce the will.
• Kentucky: a 2026 law moved nieces and nephews into the exempt inheritance tax class for deaths on or after January 1, 2026. Source: KRS 140.070.
• Washington: the estate tax exclusion is $3,000,000 for deaths on or after July 1, 2026, and is no longer adjusted for inflation. Source: Washington Department of Revenue.
• State estate tax figures for Connecticut, Maine, New York, Rhode Island, and Washington, D.C. were updated in the estate tax table and the Probate Cost Estimator.
• Other states in the fully reviewed list above also had corrections to intestacy shares, spousal rights, creditor deadlines, or will signing rules.

September 21

• Small-estate limits were out of date in 17 states, most because of 2025 law changes: Alabama, Arizona, Colorado, Florida, Georgia, Illinois, Indiana, Kansas, Maine, Massachusetts, Michigan, Montana, Nebraska, Nevada, South Carolina, South Dakota, and Wyoming. Each figure was checked against the state's statute and corrected everywhere it appears.
• Surviving spouse and family allowances were corrected in Alabama, Colorado, Kansas, Michigan, Oklahoma, Utah, Virginia, and West Virginia. Two figures shown on the Oklahoma and West Virginia guides had no basis in current law and were removed.
• Main guide: the recommended number of death certificates was made consistent at 8 to 12 copies across the page.

September 20

• The federal estate tax exemption was updated to $15 million for 2026 on every page that mentioned it. Some pages still showed 2024 or 2025 figures.