Open Access
Most Americans believe you should start estate planning in your 30s, but most don’t act that early. In fact, the average age to create a will is 42, and fewer than one in three adults have a will.
This article looks at when people actually write wills, how age influences planning, and what the data reveals across generations.
Key Insights
The average age to create a will in America is 42.
↓ Jump to insight
Around 45% of those aged 55 and older have created a will, and for people over 72, that number jumps to 81%.
↓ Jump to insight
24% of Americans had a will in 2025, down from 33% in 2022.
↓ Jump to insight
28% of the Silent Generation and 22% of Baby Boomers say their main reason for writing a will is to avoid probate.
↓ Jump to insight
In most states, the legal age to make a valid will is 18 or older.
↓ Jump to insight
What Age Do Most Americans Make a Will?
Most Americans don’t write a will in their 30s or 40s, even though that’s when life tends to get more complex. Instead, they wait until later.
Only 27% of adults aged 25 to 54 have a will in place. However, once people reach their mid-50s, the numbers start to shift. Around 45% of those aged 55 and older have created a will, and for people over 72, that number jumps to 81%. For many, retirement and other life events act as a trigger.
Surprisingly, young people aged 18 to 34 aren’t the least prepared group. Around 24% of younger adults report having a will, which is slightly more than the 25–54 age group.
Income and Education Affect Timing
Wealth and education play a role in how early people begin to plan. Among high earners with household incomes above $1 million, 22% believe estate planning should begin between the ages of 19 and 29. That compares to just 13% of those earning under $25,000.
Education makes a difference, too, as 26% of people with a doctorate say you should start estate planning between 30 and 39 years old, while only 17% of those without a high school diploma say the same.
Who Updates Their Will the Most?
Younger adults aren’t just writing wills earlier, but they’re also revisiting them more often. About 33% of Gen Z report updating their estate plan every year.
In contrast, only 13% of the Silent Generation do the same. While older adults may be more likely to have a will on file, younger generations are more likely to keep it current.
Estate Planning Priorities by Generation
Different generations plan differently. Here’s how estate planning priorities shift across age groups:
Silent Generation
For many in the Silent Generation, estate planning is triggered by a major event. About 20% of respondents in this group create plans after the death of a loved one, and 17% after a health scare. An inheritance or sudden financial gain prompts 25% to take action. Most still lean on tradition, with 87% naming a family member as executor.
Baby Boomers
Boomers are slightly more prepared. Around 57.5% have a living trust, living will, or estate plan in place. Their biggest triggers match the Silent Generation:
- 25% act after losing a loved one
- 18% respond to a health scare or need for life insurance
- 23% start after receiving an inheritance
When it comes to choosing executors, only 4% look outside the family, keeping estate matters close to home.
Gen X
Gen X takes a more protective view. 53% have an estate plan, and many are motivated by family responsibilities. Among Gen X parents:
- 62% say protecting their beneficiaries is their top reason for planning
- 44% cite financial security for heirs, which is well above the average of 34%
Estate planning, for this group, is about making sure their children are taken care of, not just financially, but also emotionally.
Millennials
Estate planning among Millennials is often triggered by major changes in life. About 43% have a living will, trust, or estate plan. Key moments include:
- 25% write one after getting married
- 27% start after the birth of a child
Unlike older generations, Millennials are more open to seeking legal advice. 38% now choose financial advisors or solicitors to manage their estate.
Gen Z
Gen Z views estate planning as future-focused rather than urgent. While they are too young, 39% already have a plan. Some of the motivating factors include:
- 22% of this group considers looking into estate planning for the first time after marriage
- 22% plan after buying a home
Only 36% of Gen Z choose a family member as executor. Instead, they lean toward professionals, and 26% choose fiduciaries, while 23% choose financial advisors. That’s a stark contrast to the Silent Generation, where only 2% look outside the family.
Age Limits on Wills and Estate Planning
In most states, the legal age to make a valid will is 18 or older. However, there are a few exceptions, especially if you’re thinking about younger family members who may have personal finances of their own.
States with Lower Age Limits
Two states make an exception to the typical age rule:
- In Georgia, individuals can make a will starting at age 14
- In Louisiana, the minimum age is 16
On the other end, South Dakota has stricter requirements, only allowing wills from legal adults older than 18.
Legal Exceptions for Minors
Outside of these state-specific rules, some minor children can still create such legal documents under special conditions. These include:
Emancipated Minors
An emancipated minor is someone under 18 who has been legally released from parental responsibility. Once emancipated, they can make personal decisions like creating a will.
In Pennsylvania, for example, there’s no general emancipation law. A minor has to provide a specific reason and go through the proper state agency to gain this status.
Military Service Grants Adult Rights
Minors who join the military at age 17 are typically considered legally emancipated. That means they can create a will before deployment. A will ensures that any military pay, property, or future benefits are properly passed on. Many also draft living wills or advance directives in case of injury.
Minors With Large Inheritances
Some minors earn or inherit large amounts of money. In these cases, a court can allow them to make a will even if they’re underage. If a minor’s estate includes significant property or income, families can petition the court for will-making rights. An estate planning attorney or law firm can help determine if this route makes sense.
What Happens If You Die Without a Will?
Data shows that only 24% of Americans had a will in 2025, down from 33% in 2022. Dying without a will, also called intestacy, leaves your estate in the hands of state law. Instead of your wishes guiding what happens next, a probate court decides who gets what, when, and how.
Here is a rundown of the risks of skipping this step:
Impact on Families
Inheritance can trigger unexpected tension, as without clear instructions, even close-knit families can end up in conflict.
Roughly 35% of Americans say they or someone they know faced family drama due to a lack of estate planning. Additionally, it’s not always about money but can be about control, real estate, or even who gets keepsakes.
Probate
Probate is the court-supervised process of distributing someone’s estate. When there’s no will, this process usually takes longer and costs more.
Settling an intestate estate can eat up to 10% of its value in legal fees, court costs, and administrative expenses. It’s also emotionally taxing for your family members and dependents, as many families spend months or even years just trying to close out the estate. While only 1% of the Silent Generation said they didn’t know what probate was, 14% of Gen Z admitted they had no idea.
Probate Awareness across Age
Many people over 65 begin estate planning after a health scare or a friend’s passing. Data shows that 28% of the Silent Generation and 22% of Baby Boomers say their main reason for writing a will is to avoid probate entirely. On the other hand, 25% cite health concerns as the final push.
On the flip side, Millennials and Gen Z are more focused on protecting assets (26%) and providing financial security and peace of mind to heirs (23%). Some even want estate planning benefits at work, with 14–15% interested in employer-provided tools.
Financial Losses
Without a strategy, families risk losing generational wealth to taxes, court costs, or poor asset transfers. In some cases, a lack of planning can reduce an estate’s value by as much as 40%, especially when tax liabilities stack up.
That’s why 31% of Americans say the worst outcome of poor planning is leaving loved ones without enough money to support themselves.
Bottom Line
The average age to make a will in America is 42, yet only 24% of adults have one. Will ownership increases with age; 45% of adults over 55 have a will, and that rises to 81% among those 72 and older. Probate-related concerns drive action later in life, while younger adults are more proactive about updates, as 33% of Gen Z update annually, compared to 13% of the Silent Generation.
Education and income shape timing too: 22% of high-income earners support planning before age 30, while only 13% of low-income respondents agree. Dying without a will can result in probate delays, financial losses of up to 40%, and family conflict.. Around 35% of Americans have seen or experienced this firsthand.
While 63% still choose family as executors, younger generations increasingly turn to professionals. Estate planning laws vary by state, but most start at age 18, with exceptions for minors in the military or with high-value assets. Planning early helps preserve wealth, reduce stress, and protect loved ones.
Fair Use Statement
Readers can share these findings for noncommercial purposes only and must provide a link back to this page.
Sources
- 2024 Wills and Estate Planning Study. Caring. Evaluated April 22, 2025.
Link here - 2025 Wills and Estate Planning Study. Caring. Evaluated April 22, 2025.
Link here - Berson, S. Estate Planning Law Statistics: Top Trends and Insights for [2025]. Grow Law Firm. Evaluated April 22, 2025.
Link here - Estate Planning Statistics. Legal Zoom. Evaluated April 22, 2025.
Link here - Eubanks, M. 50 Estate Planning Statistics and Facts You Need to Know. Vanilla. Evaluated April 22, 2025.
Link here - Bacon, S., & Bacon, S. Estate Planning at Different Ages by Each Decade. South Florida Corporate and State Planning Law Firm. Evaluated April 22, 2025.
Link here - 2025 Estate Planning Report. Trust & Will. Evaluated April 22, 2025.
Link here - Hottenstein, S. What’s the Worst Thing That Can Happen If You Die Without a Will? Investopedia. Evaluated April 22, 2025.
Link here