Estate Planning Statistics 2026: Key Findings from 5,000 Americans

More than half of U.S. adults still have no estate planning documents in 2026, but the picture underneath that headline is more layered than in any previous year. The Trust & Will 2026 Estate Planning Report, based on a national survey of 5,000 U.S. adults conducted January 28 through February 5, 2026, captures a country that is more confident in its understanding of estate planning than ever, more open to artificial intelligence than a year ago, and still measurably stuck between belief and action. This page consolidates the most-cited statistics from the report along with additional findings drawn from the underlying survey data. All figures come from the Trust & Will 2026 Estate Planning Report unless otherwise noted.

Key Estate Planning Statistics for 2026

• 56% of U.S. adults have no estate planning documents (no will, trust, Medical POA, Financial POA, or HIPAA authorization), essentially unchanged from 55% in 2025.

• 60% of Americans say they are at least somewhat confident in their understanding of estate planning (27% very confident, 33% somewhat confident), yet the majority still have no documents.

• 26% of U.S. adults have a will in 2026, down from 31% in 2025.

• 14% of U.S. adults have a trust in 2026, up from 11% in 2025.

• 62% of Gen X have no estate planning documents, the highest rate of any generation.

• Americans think the ideal age to have an estate plan is 41. Americans who have no documents give an older ideal age (44) than Americans who already have a will (38), a six-year gap by planning status.

• Americans who have a trust created it at an average age of 35, roughly five years younger than the average age Americans create a will (40).

• 30% of Americans now trust AI more than a human attorney for estate planning advice, up 10 points from 20% in 2025. Among Gen Z, the figure is 46%.

• 42% of Americans would not know what to do if a family member died today, rising to 56% among those with no estate planning documents.

• 52% of Americans in a serious relationship or engagement would trust their partner most to make decisions if incapacitated, but 68% of this group have no estate planning documents, so that partner has no legal authority to do so.

• 48% of Americans have no instructions in place for what should happen to their digital accounts and files when they die.

• 41% of Americans say memories and relationships will be their most meaningful legacy, ranking above financial assets (22%), property (22%), and values or lessons (23%).

• 68% of Americans believe pets should be included in an estate plan in some form, up from 62% saying the same-importance framing in 2025.

Estate Planning Document Ownership in 2026

More than half of U.S. adults currently have none of the five core estate planning documents this survey tracked. Among those who do have documents, a will is the most common, followed by a Medical POA or advance directive, a trust, a Financial POA, and a HIPAA authorization.

Trust ownership rose while will ownership fell. Among Americans who are acting, more are choosing more comprehensive planning vehicles rather than a standalone will. The floor of unprotected Americans remains stubbornly unchanged.

How Many Americans Have a Will in 2026

26% of U.S. adults have a will in 2026, down 5 points from 31% in 2025. Will ownership varies dramatically by generation, gender, and homeownership. 40% of homeowners have a will vs. 16% of renters. 31% of men have a will vs. 22% of women.

How Many Americans Have a Trust in 2026

14% of U.S. adults have a trust in 2026, up from 11% in 2025. Trust ownership is more concentrated among older, higher-income Americans. The West leads with 21% trust ownership, nearly double the Midwest rate of 13%. Homeowners are more than twice as likely as renters to have a trust (21% vs. 10%).

How Many Americans Have a Power of Attorney

19% of U.S. adults have a Medical POA or advance directive, and 11% have a Financial POA. Ownership rates rise with age and homeownership.

Estate Planning Statistics by Generation

Gen X carries the largest preparedness gap of any generation. Boomers are the most likely to have a will. Gen Z is the most likely to have a trust, a striking generational inversion.

Gen Z Estate Planning Statistics

Only 16% of Gen Z have a will, but 21% have a trust, the highest trust ownership rate of any generation. Gen Z reports the highest self-rated confidence in understanding estate planning (35% “very confident”), yet 54% still have no documents at all. That is the sharpest confidence-vs-action gap in the survey.

47% of Gen Z say the ideal age to have an estate plan is between 19 and 29, the only generation with a plurality answering under 30. Among Gen Z who have created a will or trust, top motivations include starting a family (22%), marriage or a long-term partner (17%), turning 18 (16%), and an employer benefit (14%).

Millennial Estate Planning Statistics

22% of Millennials have a will and 18% have a trust, the second-highest trust ownership rate of any generation. 58% have no estate planning documents. Millennials are more likely than any other generation to name their own parents or in-laws as guardian for their children (35%).

Gen X Estate Planning Statistics

Gen X is the most underserved generation in the U.S. for estate planning. 62% have no estate planning documents, higher than Gen Z (54%), Millennials (58%), or Baby Boomers (48%). 17% of Gen X are unconfident in their understanding of estate planning, the highest of any generation. And 53% of Gen X have no digital estate planning instructions in place.

Baby Boomer Estate Planning Statistics

37% of Baby Boomers have a will and 11% have a trust, the highest will ownership rate of any generation. 48% have no estate planning documents. Boomers are the most likely to store their will as a physical copy at home (45% vs. 15% of Gen Z). 20% of Boomers say nothing worries them about not having an estate plan, the highest apathy rate of any generation.

Estate Planning Gender Gap Statistics

Men are more likely than women to hold every core estate planning document.

Women are nearly three times as likely as men to name an adult child as the person they would trust most to make decisions if incapacitated, a pattern consistent with longer female life expectancy and the pivot away from a partner as decision-maker over time. Women also report more uncertainty across the survey about how to start, what would help, and what worries them most.

Estate Planning Statistics by Homeownership Status

Homeownership is one of the strongest predictors of planning behavior in the survey.

Americans living with family or in other arrangements are the most under-served segment on nearly every dimension: lowest document ownership, lowest confidence, lowest digital preparedness, and the highest rate of never having discussed end-of-life wishes.

Estate Planning Statistics by Relationship Status

Estate planning behavior varies sharply by relationship status. Married Americans are the most protected on every dimension. Americans in serious relationships but not married carry the largest gap between what they want and what they’ve documented.

Married Couples

37% of married Americans have a will, 21% have a trust, and 25% have a Medical POA. 72% would trust their spouse most to make decisions if incapacitated, the highest of any relationship group. Only 34% of married Americans would not know what to do if a family member died today, the lowest rate of any relationship group.

52% of Americans in a serious relationship or engagement would trust their partner most to make decisions if incapacitated. But 68% of this group have no estate planning documents. Without a Medical POA or Financial POA, an unmarried partner has no legal authority to make medical or financial decisions on behalf of a partner in an emergency. In most states, an unmarried partner also has no automatic inheritance rights regardless of the length of the relationship.

45% of Americans in a serious relationship would not know what to do if a family member died today. 55% have no digital estate planning instructions in place. Only 21% are “very confident” in their understanding of estate planning, the lowest of any relationship group.

Among single or casually-dating Americans, 16% have a will. 42% would trust “another family member” (parent, sibling) to make decisions if incapacitated, and 13% would not know who to trust. 47% would not know what to do if a family member died today.

55% of divorced, separated, or widowed Americans have no estate planning documents. 46% would trust an adult child most to make decisions if incapacitated, vs. just 8% of married Americans. Divorced Americans who have created a will most commonly did so between ages 60 and 62 (10%), a distinctly older, life-event-triggered creation pattern.

Estate Planning Statistics by Region

Regional differences in ownership are meaningful but not dramatic.

The Average Age Americans Say You Should Have an Estate Plan

Americans think the ideal age to have an estate plan is 41 years old on average. Only 6% of Americans say 18 is the right age, and 13% are not sure. The average ideal age drifts upward with each generation: Gen Z 32, Millennials 39, Gen X 44, Boomers 47.

The answer depends heavily on whether the respondent has already planned. Americans who already have a will say the ideal age is 38 on average. Americans with no estate planning documents say 44. That six-year gap by planning status is one of the sharpest patterns in the survey: the people who have not planned are also the people who think it’s still for later.

Life stage also shapes the answer. Among Americans who don’t yet have children but plan to, 26% believe the ideal age to have an estate plan is between 19 and 29, the highest of any parent-status group.

When Americans Actually Create a Will or Trust

Americans who have created a trust did so at an average age of 35, roughly five years younger than the average age Americans create a will (40). 13% of Americans who created a trust did so between ages 21 and 23, nearly double the will-holder rate at that same age (7%).

Life stage shapes the pattern. Single and casually-dating Americans who have created a trust skew younger still: 19% created their trust between ages 18 and 20, and 16% between 21 and 23. Married Americans who have a will most commonly created it between ages 30 and 32 (14%), consistent with a “starting a family” life-event trigger. Divorced Americans who have created a will most commonly did so between ages 60 and 62 (10%), a distinctly older pattern shaped by later-life events.

Why Most Americans Don’t Have an Estate Plan

Of Americans without a will or trust, only 43% say they are likely to create one in the next 12 months. The top barriers are largely practical, and the two biggest ones are shrinking fast year-over-year.

“Not relevant for people like me” is the one barrier heading in the wrong direction, up 3 points from 2025. Note that the 2025 survey used a broader “not necessary” framing that mapped to the 2026 “not enough assets” option, and several 2026 answer options (uncomfortable to think about, uncomfortable conversations) were new to this year’s survey.

The single largest response among Americans without a plan is “not sure what would make it easier” (20%), a larger share than any actionable feature. Women are 60% more likely than men to answer this way (24% vs. 15%).

Only 31% of Americans have discussed end-of-life wishes with their loved ones in the past 12 months. 20% had the conversation more than a year ago. 27% have never had this conversation and don’t plan to.

Among Gen Z, 38% say they have never had this conversation and don’t plan to. Among Millennials, 32%. Among Boomers, 17%. Among Americans living with family or in other arrangements, 44% have never had the conversation and don’t plan to, vs. 16% of homeowners.

Why Americans Delay the End-of-Life Conversation

Beyond the top three reasons in the report, 16% of Americans who haven’t had the conversation say they don’t know how to start, 11% worry it will upset someone, 10% prefer to keep decisions private, and 8% assume things will work themselves out. 34% of Gen Z who haven’t discussed end-of-life wishes say “I don’t think it’s necessary yet,” more than double the Boomer rate (15%). Meanwhile 26% of Boomers say they have “talked about it generally, but not in detail,” more than triple the Gen Z rate. 32% of Americans with a will who haven’t had the detailed conversation say the same.

Who Americans Would Trust for Medical and Legal Decisions

If they were seriously ill or incapacitated, Americans would most trust their spouse or partner (35%), followed by another family member such as a parent or sibling (24%), an adult child (17%), a trusted friend (7%), and a professional such as an attorney or fiduciary (5%). 8% of Americans do not know who they would trust. Among Americans with no estate planning documents, that “not sure” rate rises to 12%.

How Americans Choose an Executor or Trustee

Among Americans who have chosen an executor or trustee, 43% picked that person because “they understand my wishes and values,” the most common criterion by a wide margin. 36% chose someone responsible and organized, 22% someone who can handle paperwork, 20% someone who can navigate family dynamics, 19% someone who agreed to do it in advance, and 13% because that person lives nearby. Only 4% chose a neutral third party (a professional executor).

Executor selection differs sharply by generation. 24% of Gen Z with a will or trust chose their executor because “they have done this before,” more than four times the Boomer rate (6%). 51% of Boomers picked their executor because that person “understands my wishes and values,” vs. 30% of Gen Z.

Where Americans Store Their Will or Trust

65% of Americans with a will or trust are “very confident” their loved ones could find and access it if needed. Another 28% are only “somewhat confident.”

A physical copy at home is the single most common storage location, more common than storage with an attorney or in a safe deposit box. 4% of Americans with a will or trust say the document exists but they aren’t sure where the final version is. Among Gen Z will/trust-holders, that “not sure where” rate rises to 9%, nine times the Boomer rate. Boomers are three times more likely than Gen Z (45% vs. 15%) to store their document as a physical copy at home.

How Often Americans Review vs. Update Their Estate Plan

Among Americans with a will or trust, 26% review their documents annually and 34% every 2–5 years. Only 23% actually update annually and 28% update every 2–5 years. 11% have never reviewed their documents and 14% have never updated them, a three-point gap suggesting Americans are checking their plans more often than they are actually changing them.

Guardian Selection Statistics for Parents

Among American parents who have a will or trust and have named a guardian for their minor children:

Male parents are 48% more likely than female parents (35% vs. 24%) to have named their own parents or in-laws as guardian. Female parents are 40% more likely (15% vs. 11%) to have named a trusted friend. 9% of female parents with a will or trust haven’t chosen a guardian yet, double the male-parent rate (5%). Fewer parents in 2026 are naming their own parents or siblings as guardians (each down 3 points from 2025), while slightly more are naming trusted friends (up 1 point). This is a small but real shift toward chosen family.

AI and Estate Planning Statistics

30% of Americans now trust AI more than a human attorney for estate planning advice, up 10 points from 20% in 2025. AI skepticism (“trust AI less”) dropped from 46% to 36% over the same period. Among Gen Z, 46% trust AI more than a human attorney.

How Americans Want to Use AI for Estate Planning

Only 27% of Gen Z would refuse to use AI in any form for estate planning, vs. 50% of Boomers. Only 5% of Americans would use AI to create estate planning documents without any attorney review. Americans with a trust are the least AI-skeptical of all document-owner groups: 27% would refuse to use AI in any form, vs. 39% of will-holders. 27% of Americans with no documents are not sure how they would use AI, the largest AI-curious segment in the market.

Concerns About AI in Estate Planning

The top worries among Americans who are skeptical of AI for estate planning are general distrust of AI (28%), lack of human judgment for unique situations (28%), privacy and data security (26%), incorrect information or mistakes (26%), fraud or scams (21%), and the risk of creating legal problems later (16%). Among Americans with no estate planning documents, 18% say they have no concerns about using AI, the highest “no concerns” rate of any subgroup in the survey.

Digital Legacy Planning Statistics

48% of Americans have no instructions in place for what should happen to their digital accounts and files when they die. Among those who have made some arrangements, 21% have formal written instructions in a will, trust, or separate document, 12% have set account-level controls like Facebook’s Legacy Contact or Google’s Inactive Account Manager, and 12% have only informal arrangements.

The digital legacy gap is most pronounced among Gen X (53% have no instructions) and Boomers (54%). Gen Z is the most digitally proactive: 23% have set account-level controls, nearly three times the Boomer rate of 4%. Women are 25% more likely than men (53% vs. 42%) to have no digital instructions in place. Men are 58% more likely than women (15% vs. 10%) to have set account-level legacy controls. Parent status also shapes the gap: 53% of Americans who don’t plan to have children have no digital instructions in place, vs. 44% of parents. Americans with a trust are the most digitally organized: 48% have formal written digital instructions and 26% have set account-level controls, both the highest of any document-owner group.

Pet Estate Planning Statistics

68% of Americans believe pets should be included in an estate plan in some form, up from 62% saying pets should be treated with the same importance as people in 2025.

Gen Z is three times as likely as Boomers (15% vs. 5%) to say pets should be treated with more importance than people in an estate plan. Americans in a serious relationship are the most pets-forward group by relationship status: 46% believe pets should be treated with the same importance as people. Northeast respondents are the most likely of any region to say pets deserve more importance than people (13%). Women are more likely than men (25% vs. 17%) to be “not sure” about whether pets should be included.

What Americans Consider Their Legacy

41% of Americans say memories and relationships will be their most meaningful legacy, ranking above financial assets (22%), property (22%), and values or lessons (23%).

The share of Americans who say they don’t think they will leave anything meaningful behind dropped from 17% in 2025 to 10% in 2026, a 7-point shift in a single year.

What Worries Americans Most About Not Having a Plan

When Americans think about the consequences of not having an estate plan, their top worries are that their loved ones won’t know what to do (16%), that their wishes won’t be followed (13%), family conflict (11%), the process being expensive or complicated (11%), and the courts deciding what happens (11%). 16% say nothing worries them, and 14% are not sure.

20% of Baby Boomers say nothing worries them about not having an estate plan, the highest of any generation. 14% of Gen Z fear conflict in their family more than any other consequence, the highest of any generation. Among Americans with no estate planning documents, 20% are not sure what worries them most and another 20% say nothing worries them. Roughly 40% of the unprotected majority is either unaware of or unmoved by the risk.

Women are 53% more likely than men (16% vs. 10%) to say they are not sure what worries them most about not having an estate plan, consistent with the broader pattern of women reporting more uncertainty across the survey.

Financial Anxiety and Estate Planning

45% of Americans are more financially concerned than they were a year ago, down slightly from 49% in 2025. But the share saying they feel less worried collapsed from 19% in 2025 to just 8% in 2026. Gen Z is the least financially anxious generation: only 38% are more concerned than a year ago, and 12% are less concerned, double the Boomer rate (6%).

Year-Over-Year Estate Planning Trends: 2025 vs. 2026

Frequently Asked Questions

What percentage of Americans have no estate plan in 2026?

56% of U.S. adults have no estate planning documents in 2026 (no will, trust, Medical POA, Financial POA, or HIPAA authorization). This is essentially unchanged from 55% in 2025.

How many Americans have a will in 2026?

26% of U.S. adults have a will in 2026, down from 31% in 2025. Trust ownership rose from 11% to 14% over the same period, so Americans who are acting are increasingly choosing more comprehensive planning vehicles.

Which generation is least likely to have an estate plan?

Gen X is the least protected generation: 62% have no estate planning documents, higher than Gen Z (54%), Millennials (58%), or Baby Boomers (48%).

What is the average age Americans think you should have an estate plan?

Americans think the ideal age to have an estate plan is 41 years old on average. Only 6% think 18 is the right age. Americans without estate planning documents give an older ideal age (44) than Americans who already have a will (38).

At what age do Americans typically create their first will or trust?

Americans who have created a trust did so at an average age of 35. Americans who have created a will did so at an average age of 40. Trust-holders create their first estate planning document roughly five years earlier than will-holders on average.

Why don’t most Americans have a will or estate plan?

The top reasons Americans give in 2026 are believing they don’t have enough assets (27%), procrastination (23%), not knowing where to start (17%), cost concerns (15%), and feeling it’s too complicated or uncomfortable (12% each). Barriers around cost and knowing where to start dropped 9 to 10 points from 2025.

Do Americans trust AI for estate planning?

30% of Americans now trust AI more than a human attorney for estate planning advice, up 10 points from 20% in 2025. Among Gen Z, 46% trust AI more than a human attorney. Only 5% of Americans would use AI to create estate planning documents without any attorney review.

What percentage of Americans have discussed end-of-life wishes with their family?

Only 31% of Americans have discussed end-of-life wishes with their loved ones in the past 12 months. 20% had the conversation more than a year ago. 27% have never had this conversation and don’t plan to, rising to 38% among Gen Z.

How many Americans would know what to do if a family member died today?

42% of Americans would not know what to do if a family member died today. That figure rises to 56% among Americans with no estate planning documents, 59% among those living with family or in other arrangements, and 47% among single or casually-dating Americans. It drops to 18–19% among Americans with a will or trust.

How many Americans have digital estate planning instructions?

48% of Americans have no instructions in place for what should happen to their digital accounts and files when they die. Even among will-holders, 23% have no digital instructions in place. Women are 25% more likely than men to have no digital instructions.

Do Americans include pets in their estate plans?

68% of Americans believe pets should be included in an estate plan in some form, up from 62% in 2025. 37% say pets should be treated with the same level of importance as people, 10% say pets deserve even more consideration than people, and 21% say pets should be included but at a lower priority.

What motivates people to finally create an estate plan?

The top motivations among Americans who have created a will or trust are peace of mind (39%), protecting loved ones (32%), the death of someone close (19%), reducing family conflict (18%), and starting a family (16%). For Gen Z specifically, top motivations include starting a family (22%), marriage or a long-term partner (17%), turning 18 (16%), and an employer benefit (14%).

How do Americans choose an executor or trustee?

43% of Americans who have chosen an executor picked that person because “they understand my wishes and values,” the most common criterion. 36% chose someone responsible and organized, 22% someone who can handle paperwork, and 19% someone who agreed to do it in advance. Only 4% of Americans chose a neutral third party (a professional executor).

Where do Americans store their will or trust?

28% of Americans with a will or trust store it as a physical copy at home, the single most common storage location. 15% store it with an attorney or other professional, 15% in a safe deposit box, 14% with a family member or trusted person, and 15% digitally (cloud storage, secure vault, or personal device combined). 4% say the document exists but they aren’t sure where the final version is.

How many parents have named a guardian in their will?

Among American parents who have a will or trust, 31% named a sibling or in-law as guardian for their minor children, 30% named their own parents or in-laws, 15% another relative, 13% a trusted friend, and 4% a professional guardian. 7% of parents with a will or trust haven’t chosen a guardian yet.

What worries Americans most about not having an estate plan?

16% of Americans worry most that their loved ones won’t know what to do, 13% that their wishes won’t be followed, 11% about family conflict, 11% about expense or complication, and 11% that the courts could decide. 16% say nothing worries them, and 14% are not sure. Among Americans with no documents, roughly 40% are either unaware of or unmoved by the risk.

How many Americans in a serious relationship have an estate plan?

68% of Americans in a serious relationship or engagement have no estate planning documents, a higher unprotected rate than divorced or widowed individuals. 52% of this group would trust their partner most to make decisions if incapacitated, but without formal documentation, that partner has no legal authority to do so.

How was the Trust & Will 2026 Estate Planning Report conducted?

The Trust & Will 2026 Estate Planning Report is based on a random double-opt-in online survey of 5,000 U.S. adults, commissioned by Trust & Will and conducted by market research firm Talker Research between January 28 and February 5, 2026. The margin of error is approximately +/- 1.4 percentage points at the 95% confidence level.

Methodology

This page summarizes findings from the Trust & Will 2026 Estate Planning Report, a random double-opt-in online survey of 5,000 U.S. adults commissioned by Trust & Will and conducted by Talker Research between January 28 and February 5, 2026. The margin of error for the total sample is approximately +/- 1.4 percentage points at the 95% confidence level. Talker Research’s team members are members of the Market Research Society (MRS) and the European Society for Opinion and Marketing Research (ESOMAR). Cells are only reported for analysis if they have a minimum of 80 respondents. The Silent Generation segment (approximately 1% of the total sample, 69 respondents) falls below this threshold and is excluded from primary demographic analysis. For the full methodology, see the Trust & Will 2026 Estate Planning Report.

This survey is directional and intended to provide consumer insights.

Related Trust & Will Research

• Trust & Will 2026 Estate Planning Report. The source study for this statistics page, with additional narrative analysis and professional implications.

• Trust & Will 2025 Estate Planning Report. The prior year’s study, referenced throughout for year-over-year comparisons.

• Trust & Will 2026 Financial Advisor Report. Insights from 1,500 U.S. adults on advisor-led estate planning, client expectations, the Great Wealth Transfer, and AI.

• Trust & Will Real Estate Inheritance Report. An examination of how Americans handle inherited property, with detailed generational cuts.

• Trust & Will Peace of Mind Report. The research documenting the mental-health and well-being effects of having an estate plan.

• The Sandwich Gap. Trust & Will’s narrative feature on the caregiving generation caught between aging parents and dependent children.

This article is for informational purposes only and does not constitute legal, financial, or tax advice. Estate planning laws vary by state. Please consult a licensed estate planning attorney or qualified financial advisor for guidance specific to your situation.