What Percent of People Die Without a Will in the U.S.?

Key Statistics on Will Ownership in America 

A 2021 Gallup poll found that only 46% of U.S. adults had a will. But that number has dropped even further; just 24% of Americans reported having a will in Caring.com’s 2025 survey, meaning over three-quarters of the population now have no legal plan for how their assets should be handled after death.

A 2023 survey by Caring.com supports this, reporting that nearly two-thirds of Americans have no estate planning documents at all.

What’s surprising is that 64% of people say having a will is important, but only one in three have created one. The most common reasons are procrastination and the belief that they don’t have enough assets to justify a will.

As a result, between 50% and 70% of Americans die without a will, which means their estate is handled based on state laws, not personal wishes.

​​How Estate Planning Varies by Age

Here’s how will ownership vary across different age groups:

Senior Citizens Are the Most Prepared

Older Americans are more likely to have a will than younger adults, but many still don’t.

A 2021 Gallup poll found that 76% of people 65 and older have a will. Other studies report similar numbers, showing that about 66% to 70% of seniors have a will or living trust in place. This makes seniors the most likely age group to plan their estate.

Still, 1 in 3 seniors have no will. According to Gallup, 24% of Americans over 65 haven’t made one. A separate AARP study found that 34% of seniors are in the same position.

Even within the senior age group, there are clear differences.

• Over 80% of people above 72 have a will.
  
• Those in their early 60s are less likely to be prepared.
  
• And only 53% of adults aged 50–64 have one.
  

For many, retirement is when they start thinking seriously about estate planning. But millions still put it off, leaving family members without clear guidance, beneficiaries uncertain, and the estate at risk of being handled through intestate succession laws.

When someone dies without a will, their family often faces a lengthy probate process. Instead of following the person’s wishes, the state decides how to distribute the estate, leading to delays, legal costs, familial conflicts, and stress.

Younger Adults Are Least Likely to Plan

Estate planning becomes more common with age, but the gaps are significant, especially among younger adults. Only one in four adults under age 35 has a will in place. Among those aged 25 to 54, just over a quarter have taken any steps toward estate planning.

Racial Disparities in Estate Planning

There are clear racial gaps in will ownership across the U.S.

White Americans are nearly twice as likely to have a will compared to Black and Hispanic Americans. Other research supports this trend, showing that BIPOC individuals are about 14% less likely to have an estate plan than non-Hispanic whites.

Why the Racial Disparity Exists

Experts point to several contributing factors:

• Wealth and income gaps
  
• Limited access to legal and financial services
  
• Historical mistrust of legal systems

Community-focused initiatives are trying to close this gap by raising awareness about how estate planning can help protect and transfer generational wealth.

Trends Over Time in Will Ownership 

Estate planning was more common in the past decades, but participation has dropped significantly.

• In 1990, 48% of Americans had a will.
  
• By 2005, that number rose to 51% (the peak)
  
• In 2016, it declined to 44%, continuing a downward trend

Even among seniors:

• In 2005, 78% of adults aged 65+ had a will
  
• By 2016, that dropped to 68%

Experts say many Americans delay estate planning due to procrastination or the belief that they don’t have enough assets to make it worthwhile.

Despite better access to online tools and growing awareness, most Americans still haven’t formalized their wishes. The majority of U.S. adults continue to die without a will, putting their estate in the hands of state probate laws.

Did the Pandemic Change Anything?

COVID-19 prompted many people to think seriously about end-of-life planning. Gallup found a small bump in will ownership in 2021, rising to 46% overall.

Younger adults were among the most affected:

• 32% of adults under 35 who created a will said the pandemic motivated them.
  
• People who experienced serious illness — or knew someone who did — were 66% more likely to create a will, according to LegalZoom.

In the early 2020s, Caring.com reported slight improvements. From 2020 to 2022, millennials and Gen Z increased their rate of will creation by 63%.

But that momentum didn’t last:

• 2023: 34% of Americans had a will
  
• 2024: Dropped to 32%
  
• 2025: Dropped again to just 24%

This data suggests that most Americans didn’t follow through with estate planning even after the pandemic. 

What Happens When You Die Without a Will?

As Baby Boomers age into their 60s and 70s, more are creating wills, especially around retirement. “Age milestones” are one of the most common triggers for writing a will, according to Caring.com.

Without a will, decisions about who inherits assets, who cares for minor children, and how to support dependents are left to probate courts. These court-supervised processes are often lengthy, expensive, and stressful, especially in states like New York, where probate can be particularly complex.

The lack of a will can also trigger familial conflicts, as relatives may disagree over dividing property or caring for loved ones. And because intestacy laws follow a fixed formula, they rarely reflect someone’s wishes.

Bottom Line

Most Americans still die without a will. As of 2025, only 24% have created one, leaving 50% to 70% of people without any legal estate plan. This means their assets are distributed according to state laws, often through a lengthy and stressful probate process that can create conflict among surviving family members.

Disparities in will ownership are also clear. Older adults are significantly more likely to have a will than younger ones, and white Americans are nearly twice as likely to plan their estate compared to Black and Hispanic individuals. Even after COVID-19 temporarily raised awareness, will creation rates quickly decline, suggesting that without long-term support and education, estate planning will remain a low priority for most.

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Sources

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