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.

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

Name: Trust & Will 2026 Estate Planning Report Survey Data
Creator: Trust & Will

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.

overview

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.

ownership

Document ownership

26% of U.S. adults have a will (down 5 points from 2025). 14% have a trust (up from 11%). 19% have a Medical POA. 11% have a Financial POA. 10% have a HIPAA authorization. 56% have none of these documents.

Document	2026	2025	Change
A will	26%	31%	Down 5 points
Medical POA	19%	15%	Up 4 points
A trust	14%	11%	Up 3 points
Financial POA	11%	—	New in 2026
HIPAA authorization	10%	8%	Up 2 points
None of the above	56%	55%	Unchanged

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. Silent Generation (N=69) is excluded per the report's minimum cell-size threshold of 80 respondents.

Document	Gen Z	Millennials	Gen X	Baby Boomers
A will	16%	22%	24%	37%
A trust	21%	18%	10%	11%
Medical POA	17%	14%	14%	31%
Financial POA	8%	11%	9%	16%
HIPAA authorization	9%	9%	9%	14%
None of the above	54%	58%	62%	48%

Gen Z

Only 16% of Gen Z have a will, but 21% have a trust. 35% are "very confident" in their understanding, yet 54% still have no documents. 47% say the ideal age is 19-29. Top motivations among those who created a will or trust: starting a family (22%), marriage or a long-term partner (17%), turning 18 (16%), and an employer benefit (14%).

Millennials

22% of Millennials have a will and 18% have a trust. 58% have no documents. Millennials are more likely than any other generation to name their own parents or in-laws as guardian (35%).

Gen X

62% of Gen X have no estate planning documents, the highest unprotected rate. 17% are unconfident in their understanding, and 53% have no digital estate planning instructions.

Baby Boomers

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

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 if incapacitated.

Metric	Men	Women
Have a will	31%	22%
Have a trust	19%	11%
Have a Financial POA	14%	10%
Have no documents at all	50%	60%
Very confident in understanding estate planning	31%	24%
Would trust spouse if incapacitated	40%	32%
Would trust an adult child if incapacitated	9%	23%
Have no digital instructions in place	42%	53%
Not sure what would make starting easier	15%	24%

Estate Planning Statistics by Homeownership Status

Homeownership is one of the strongest predictors of planning behavior. Americans living with family or in other arrangements are the most under-served segment on nearly every dimension.

Metric	Homeowners	Renters	Live with family / other
Have a will	40%	16%	8%
Have a trust	21%	10%	6%
Have no documents at all	40%	66%	79%
Very confident in understanding estate planning	30%	26%	16%
Would not know what to do if a family member died today	30%	48%	59%
Have no digital instructions in place	41%	52%	63%
Never had an end-of-life conversation and don't plan to	16%	33%	44%

Estate Planning Statistics by Region

Regional differences in ownership are meaningful but not dramatic. The West leads in trust ownership at 21%.

Metric	Northeast	Southeast	Southwest	Midwest	West
Have a will	28%	25%	22%	26%	26%
Have a trust	15%	14%	12%	13%	21%
Have no documents at all	55%	57%	58%	55%	55%
Had recent end-of-life conversation	30%	31%	29%	30%	37%
Trust attorney most for guidance	21%	21%	17%	22%	21%
Would not use AI for estate planning	35%	36%	34%	40%	35%
Pets deserve more importance than people	13%	10%	9%	9%	10%

barriers

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. Cost and not knowing where to start dropped 9 to 10 points from 2025. "Not relevant for people like me" is the one barrier heading in the wrong direction.

Top reasons for not having a will or trust	2026	2025
I don't think I have enough assets to need one	27%	31%
I haven't gotten around to it (procrastination)	23%	30%
I don't know where to start	17%	27%
It feels too expensive	15%	24%
It feels too complicated	12%	12%
It feels uncomfortable to think about	12%	Not asked
I don't think it's relevant for people like me	11%	8%
I don't want to have uncomfortable conversations with family	8%	Not asked
No access to trustworthy legal or financial professionals	Not asked in 2026	10%
Not sure	Not asked in 2026	10%

What Would Make Getting Started Easier

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

Enabler	Total	Men	Women
A simple checklist	19%	19%	19%
A lower-cost option	17%	17%	17%
Complete it online in one sitting	12%	12%	12%
A recommendation from someone I trust	11%	13%	10%
The option to have an attorney review it	11%	13%	10%
Talking to a real person for help	10%	11%	9%
A done in under an hour option	8%	9%	8%
An AI-guided tool	6%	8%	5%
Not sure what would help	20%	15%	24%

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."

Storage location	% of will/trust holders
Physical copy at home	28%
Stored with an attorney or other professional	15%
Stored in a safe deposit box	15%
Physical copy with a family member or trusted person	14%
Stored digitally in cloud storage	8%
Stored in a secure digital vault	7%
Stored digitally on my computer or hard drive	6%
It exists, but I'm not sure where the final version is	4%

family

Guardian Selection Statistics for Parents

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

Guardian named	% of parents with a will/trust
Sibling(s) or in-laws	31%
Parent(s) or in-laws	30%
Another relative	15%
A trusted friend (non-family)	13%
A professional guardian or fiduciary	4%
Haven't chosen yet	7%

How Americans Want to Use 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. Only 5% would use AI to create documents without any attorney review.

Use case	Total	Gen Z	Millennials	Gen X	Boomers
Wouldn't use AI in any form	36%	27%	29%	36%	50%
For general education only	18%	21%	21%	16%	15%
To guide decisions, but not create documents	13%	20%	15%	12%	7%
To create documents with attorney review required	10%	11%	9%	10%	10%
To create documents without attorney review	5%	3%	6%	5%	4%
Not sure	19%	20%	19%	21%	14%

Pet Estate Planning Statistics

68% of Americans believe pets should be included in an estate plan in some form, up from 62% in 2025.

View on pets in an estate plan	% of U.S. adults
Pets should be treated with the same level of importance as people	37%
Pets should be included, but not at the same level of importance	21%
Pets deserve more consideration than people	10%
Pets should not be included	11%
Not sure / prefer not to say	22%

What Americans Consider Their Legacy

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

Most meaningful legacy	Total	Gen Z	Millennials	Gen X	Boomers
Memories and relationships	41%	35%	39%	40%	49%
Values, lessons, or principles	23%	19%	22%	24%	26%
Financial assets	22%	20%	25%	21%	21%
A home or property	22%	15%	21%	21%	31%
Sentimental items or family traditions	20%	17%	19%	18%	25%
Positive impact on other people or my community	16%	22%	16%	15%	12%
My digital life (photos, accounts, files)	12%	15%	14%	12%	7%
My creative work	10%	16%	12%	9%	7%

trends

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

Metric	2025	2026	Change
No estate planning documents	55%	56%	+1 point
Have a will	31%	26%	–5 points
Have a trust	11%	14%	+3 points
Have a Medical POA / advance directive	15%	19%	+4 points
Have a HIPAA authorization	8%	10%	+2 points
Trust AI more than a human attorney	20%	30%	+10 points
Trust AI less than a human attorney	46%	36%	–10 points
More financially concerned than a year ago	49%	45%	–4 points
Less financially concerned than a year ago	19%	8%	–11 points
Believe pets should be included in an estate plan	62%	68%	+6 points
"Not enough assets to need one" as top barrier	31%	27%	–4 points
"Don't know where to start" as barrier	27%	17%	–10 points
Cost as barrier	24%	15%	–9 points
Procrastination as barrier	30%	23%	–7 points
"Not relevant for people like me" as barrier	8%	11%	+3 points
Complexity as barrier	12%	12%	No change

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 if they have a minimum of 80 respondents. The Silent Generation segment (69 respondents) is excluded. 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.

Trust & Will 2025 Estate Planning Report. The prior year's study.

Trust & Will 2026 Financial Advisor Report.

Trust & Will Real Estate Inheritance Report.

Trust & Will Peace of Mind Report.

The Sandwich Gap.

faqs

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.