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California Probate Estate Planning Trusts

What California Taxpayers Need to Know About IRS Changes and Estate Planning

Source: Seattle Times – IRS Shake-Up Announcement

Who This Article Is For

If you’re a California taxpayer filing returns in 2026 or managing an estate or trust, the IRS reorganization and new tax laws create both opportunities and potential pitfalls. This guide helps California residents understand how IRS changes affect personal tax filing, estate administration, and trust taxation.

The IRS Shake-Up: What’s Changing for 2026

Major organizational changes at a critical time:

Just days before the 2026 tax filing season begins, IRS Chief Executive Officer Frank Bisignano announced significant personnel and operational changes:

Leadership changes:

  • Gary Shapley appointed deputy chief of Criminal Investigation division
  • Jarod Koopman becomes chief of Criminal Investigation and chief tax compliance officer
  • Joseph Ziegler named chief of internal consulting
  • Guy Ficco retiring from Criminal Investigation leadership
  • Operational priorities:

  • Enhanced customer service
  • Improved tax collections
  • Safeguarding taxpayer privacy
  • Implementation of major tax law changes from summer 2025 legislation
  • Challenges ahead:

  • 26% reduction in IRS workforce from prior year layoffs
  • 164 million individual tax returns expected
  • New tax relief provisions requiring system updates
  • Concerns about rocky filing season from National Taxpayer Advocate
  • Why IRS Changes Matter for California Estate Planning

    The intersection of IRS operations and California estate administration:

    1. Estate Tax Return Filing (Form 706)

    Federal estate tax requirements:

  • Required if estate exceeds $13.61 million (2024, indexed for inflation)
  • Due 9 months after death (can request 6-month extension)
  • Complex valuation and reporting requirements
  • Penalties for errors or late filing
  • How IRS shake-up affects estates:

    Slower processing times:

  • Reduced staff = longer review periods
  • Estate tax returns take 6-12 months minimum
  • Closing letters delayed
  • Final distributions to heirs postponed
  • Increased scrutiny:

  • Criminal Investigation division reorganization
  • Focus on tax compliance
  • Valuation disputes more common
  • Potential audits of large estates
  • Customer service challenges:

  • Harder to reach IRS representatives
  • Questions about estate returns unanswered
  • Delays in resolving issues
  • Extended estate administration periods
  • California example:

    Executor filing estate tax return for $15 million Silicon Valley estate:

  • Filed April 2026
  • IRS backlogged due to staff reductions
  • No response for 14 months
  • Estate remains open, beneficiaries waiting
  • Executor liability concerns mounting
  • Additional legal fees accumulating
  • With reduced IRS staffing, this becomes even more common in 2026.

    2. Trust Income Tax Reporting

    Trusts must file annual tax returns:

    Form 1041 (Fiduciary Income Tax Return) required for:

  • Revocable trusts after grantor’s death
  • All irrevocable trusts with income
  • Complex trust reporting requirements
  • Coordination with beneficiary K-1 forms
  • 2026 filing challenges:

  • IRS implementing new tax law changes
  • System updates may cause processing delays
  • Increased error rates possible
  • Trustee penalties for mistakes
  • California trust taxation:

  • California also taxes trust income (up to 13.3%)
  • Separate California trust return required (Form 541)
  • Residency rules for California trusts
  • Source income from California
  • Proper estate planning prevents issues:

  • Trust provisions that minimize taxable income
  • Distribution strategies to beneficiaries in lower brackets
  • Timing of distributions to optimize taxes
  • Coordination of federal and California returns
  • 3. Gift Tax Reporting (Form 709)

    Annual gift tax returns required when:

  • Gifts exceed $18,000 per person per year (2024 amount)
  • Gifts of future interests (trusts, etc.)
  • Gifts splitting between spouses
  • Gifts to certain trusts
  • IRS changes impact gift reporting:

  • Processing delays for gift tax returns
  • Longer wait for return acceptance
  • Difficulty confirming proper filing
  • Potential for lost returns in shuffle
  • Estate planning strategy:

    Use 2026 to maximize gifts before federal exemption potentially drops in 2026 from $13.61 million to ~$7 million. But with IRS in flux, ensure meticulous documentation and tracking.

    4. Executor/Trustee Tax Compliance Obligations

    Fiduciaries have strict IRS obligations:

    Estate executors must:

  • Obtain employer identification number (EIN) for estate
  • File final income tax return for deceased (Form 1040)