Estate Planning Statistics 2026

76%

of Americans do not have a will

Only 24% of adults reported having a will in 2025, a sharp decline from 40% in 2016. The most common reason? They just haven’t gotten around to it.

55%

of Americans have no estate plan at all

More than half of American adults have no will, trust, or any form of estate plan. This means their assets will be distributed according to state intestacy law — which may not match their wishes.

73%

of adults under 55 have no will

Only 27% of Americans aged 25–54 have a will. Among 18–34 year olds, the number is even lower at 24%. Young parents are particularly at risk — guardianship for minor children is only established through a will.

81%

of adults over 72 do have a will

Will ownership increases dramatically with age. Among adults over 72, 81% have a will. But for adults 55–72, the rate drops to 45% — leaving a critical planning gap in the years when estate planning matters most.

3–7%

of estate value goes to probate costs

Probate typically costs 3–7% of the gross estate value, including attorney fees, executor fees, court costs, and appraisals. For a $500,000 estate, that’s $15,000–$35,000.

16 months

average time to settle an estate through probate

The mean probate duration in the United States is 16 months. Simple estates may finish in 6 months, while complex or contested estates can take 2–3 years. Estates over $1M average 16–42 months.

25%

longer for estates with no will

Intestate probate cases (no valid will) take an average of 25% longer to complete than cases with a will. Without a will, the court must determine heirs according to state law, adding time and legal fees.

63%

of Americans have no advance directive

Among more than 795,000 Americans studied across 150 different research studies, 63% had not completed any advance directive. Only 29% had a living will.

54%

of adults 65+ have no formal advance directive

Even among older adults — the population most likely to need one — only 46% have formally documented their advance healthcare preferences in a legally binding way.

62%

say they just haven’t gotten around to it

The top reason for not having an advance directive is procrastination. An additional 15% said they didn’t know how, and 13% said they didn’t like talking about it.

47 states

have adopted digital asset access laws

Since 2015, 47 states have adopted a version of the Revised Uniform Fiduciary Access to Digital Assets Act, giving executors legal standing to access digital accounts. But most people haven’t documented their digital accounts or granted access.

100+

online accounts per person on average

The average person has well over 100 online accounts, from email and social media to banking, subscriptions, and cloud storage. Without a digital inventory, executors may never find them all.

84,000+

burial benefits delivered to veteran families last year

The VA delivers burial benefits to tens of thousands of families each year, but many more eligible families never apply — often because they can’t locate the veteran’s DD-214 or don’t know the benefits exist.

16–18M

military records destroyed in 1973 NPRC fire

A catastrophic fire at the National Personnel Records Center in 1973 destroyed approximately 16–18 million Official Military Personnel Files. About 80% of Army records for personnel discharged between 1912–1960 were lost, with no backup copies.