A national survey commissioned by Simplifying Probate in partnership with 1Point21 Interactive finds that among Americans who do not yet have an estate plan, the average expected age to create a will is 51 years old, a decade older than the typical age when current estate plans were actually written.

Key Findings

• Among Americans surveyed, those with an estate plan first created it at an average age of 41.

• Respondents without a plan say they intend to do so at an average age of 51.

• Only about 38% of surveyed adults feel they should already have a will, while significant portions across generations feel uncertain about the right timing.

• Financial literacy correlates with estate planning, as those who report higher financial literacy are markedly more likely to have a will or trust.

Survey data point to a persistent disparity between intentions and action around estate planning, and financial literacy may be a motivating factor in bridging that gap. “Understanding how money works does more than inform investment choices,” said one Lead Data Analyst reviewing the findings, “it also shapes decisions people make about protecting their families and planning for unforeseen life events.”

Why This Matters As Americans age and accumulate assets, the lack of timely estate planning can lead to increased legal costs, delayed asset distribution, and uncertainty for heirs. The fact that many adults plan to defer creating a will until their early fifties could leave families vulnerable to state probate rules and court decisions rather than clearly documented intentions. In the context of demographic shifts and intergenerational wealth movement, these patterns are significant for legal, financial, and family stability sectors.

Methodology

The study surveyed a diverse national sample of 1,004 American adults, measuring self-reported financial literacy, current estate planning status, and expectations around will creation. Data was collected in January 2026. View the Full Survey Results Here: https://simplifyingprobate.com/when-should-you-get-a-will-americans-say-51-year-old/

About Simplifying Probate

Simplifying Probate is a Las Vegas, Nevada-based legal practice focused exclusively on probate and estate administration matters. With decades of combined experience and a deep understanding of Nevada’s probate laws and court procedures, the firm guides individuals and families through the often complex and emotional process of settling a loved one’s estate. Their services span general probate, summary administration, set-asides of estates, trust administration, and will and trust contests, with an emphasis on clear communication, efficiency, and compassionate support. Simplifying Probate’s team manages all filings, notices, and documentation to help clients resolve probate matters accurately and as quickly as possible, allowing families to focus on what matters most during difficult times. They offer free consultations and personalized legal guidance tailored to each estate’s unique needs.

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