Originally published: June 16, 2016 | Last updated: September 22, 2025
TL;DR: A USLegalWills.com survey of 2,012 U.S. adults found that 71.6% of Americans do not have an up-to-date Will — 63% have no Will at all, and 8.6% have one that is outdated. Only half of Americans over 65 have current Wills. Wealthy Americans are no more likely to have a Will, and those earning $100k-$150k are actually more likely to have outdated ones. The four most common excuses — no assets, too young, obvious beneficiaries, waiting for the right time — are all misconceptions. Making a Will online takes about 20 minutes and costs under $50.
What Did the USLegalWills.com Survey Find?
USLegalWills.com conducted their survey across the United States through Google Consumer Surveys during June 2016. The survey collected responses from 2,012 adults who were at least 18 years old. The study achieved a root mean square error which measured 1.4%. Results are weighted by age, gender, and region.
The headline findings across all age groups:
| Will Status | Percentage |
|---|---|
| Up-to-date Will | 28.4% |
| Out-of-date Will | 8.6% |
| No Will at all | 63.0% |
| Without up-to-date Will | 71.6% |
Key takeaways from the data:
- Even among Americans over 35, two-thirds do not have an up-to-date Will
- Only half of Americans over age 65 have current Wills
- One in six Americans over 65 have an out-of-date Will
- Wealthy Americans are no more likely to have written their Will
- Wealthy Americans are actually more likely to have an out-of-date Will
How Many Americans Over 35 Have a Will?
The chance of having a Will remains at its lowest point for people who fall between 18 and 35 years of age. Young adults should create Wills yet most of them have not started the process because they have not reached the age of writing one. The data shows that people above 35 years old possess only about 33 percent of updated Wills when we exclude the younger population. The number with out-of-date Wills creeps up to around 1 in 10.
How Does Will Ownership Change by Age?
The number of people who possess a Will document rises as they get older but the overall percentages remain low throughout all age groups. Exactly fifty percent of seniors in the population hold valid Wills which contain current information.
How Many Americans Have Out-of-Date Wills?
One of the most surprising findings is the number of Americans with out-of-date Wills. Many people write a Will hoping it will last a lifetime, but changes in family situations – marriage, divorce, births, and deaths – can render a Will obsolete or even harmful if not updated.
People seem to store their old Wills which they possess from many previous years based on what our customer service team has seen. The documents serve as legal Last Will and Testament but they fail to show what the testator wants anymore. The documents fail to include children while they also ignore what happens when children reach adulthood and establish their own families.
Our survey revealed that one in six American seniors have an out-of-date Will that no longer reflects their wishes – and these Wills have not been destroyed.
Do Wealthy Americans Have Wills?
People usually believe they need a Will when they start getting property. People often use the excuse “I don’t have anything to leave” when they decide not to create a Will. The reasoning suggests that people who earn more should create Wills at a higher rate. The data tells a different story.
Americans with the highest income levels show no difference in their possession of current Wills. The survey results show that only 10% of people who earn between $100k and $150k maintain a current Last Will and Testament which stands as an extremely low percentage despite statistical uncertainty.
Why Do Wealthy Americans Have More Outdated Wills?
The explanation lies in the number of outdated Wills. Almost 20 percent of American workers who earn between $100,000 and $150,000 possess Wills which have become outdated. Possible reasons include:
- This group may experience more life changes and cannot keep up with updates
- The clients probably followed a path which led them to conventional attorney-based Will creation because this method forces them to deal with expensive updates that require inconvenient procedures. The process of booking attorney appointments becomes too expensive and complicated which makes people avoid regular updates.
- The four most common excuses reveal dangerous misconceptions. People need to understand that Will writing functions to protect their family members who will need support during their most difficult times.
What Are the Most Common Excuses for Not Having a Will?
The Will you write today will serve as your present-day document. Your Will is more likely to sit in a drawer for many years. You have no way of predicting the size of your estate when you die – and you can be worth much more after death than you ever were alive.
Excuse #1: “I Don’t Have Any Assets”
You cannot predict when you will die. People should avoid waiting until the end of their lives because they lack knowledge about their final moments. The process of Will creation requires mental ability because people should avoid waiting until they become very old or receive a terminal diagnosis to handle these crucial choices.
Excuse #2: “I’m Not Old Enough”
Every state has its own intestacy rules so this seems highly unlikely. For example:
Excuse #3: “It’s Obvious Who Gets My Things”
Alabama: The first $50,000 goes to the spouse who receives half of the remaining balance while children receive the other half
- The most challenging section of Will writing emerges when people need to decide which important individuals will receive their estates and which properties should be divided. The process of writing your document becomes direct after you make those choices because it follows a path which proves more straightforward than completing your tax returns.
- Alaska: Spouse receives everything, unless they have children from another relationship, then the first $150,000 plus half the balance
The most challenging section of Will writing emerges when people need to decide which important individuals will receive their estates and which properties should be divided. The process of writing your document becomes direct after you make those choices because it follows a path which proves more straightforward than completing your tax returns.
Excuse #4: “I’m Waiting Until [Event] Happens”
Your life will never reach a point of “no change.” Throughout your life you will experience changes in marital status, children, and financial situation. The answer is to write your Will today and update it whenever circumstances change.
Why Do People Think Making a Will Is Harder Than It Actually Is?
The most challenging section of Will writing emerges when people need to decide which important individuals will receive their estates and which properties should be divided. The process of writing your document becomes direct after you make those choices because it follows a path which proves more straightforward than completing your tax returns.
You have the option to leave a $1,000 gift to a charity which you support. The process of updating your Will seems so complicated that most people would rather not deal with it.
Why Are Outdated Wills Such a Big Problem?
You have the option to leave a $1,000 gift to a charity which you support. The process of updating your Will seems so complicated that most people would rather not deal with it.
More than 70% of Americans fail to grab a fantastic opportunity which stands before them. The state follows strict intestacy laws to distribute your estate when you lack a Will.
Why Is Finding Time More Important Than Finding Money?
More than 70% of Americans fail to grab a fantastic opportunity which stands before them. The state follows strict intestacy laws to distribute your estate when you lack a Will.
Traditional Will writing services are no longer compatible with the lifestyles of professional families. Online services solve this by letting you complete your Will 24/7, from home, on any device.
What Can You Do With a Will That Most People Miss?
You can leave money for the benefit of either a local children’s hospital or a sports team.
- You can arrange a Christmas dinner for homeless people who live in your local area.
- You can purchase an around-the-world airplane ticket for your favorite niece.
- You can use your funds to support children’s education through the establishment of a scholarship fund.
- You can establish a memorial by planting hundreds of trees to honor your memory.
- You can give your signed basketball to your best friend as a treasured gift.
- Your Will represents a wonderful chance to show your affection toward every person and cause which you encountered during your life. Most Americans do not have a Will so you should avoid following their example.
Your Will is a wonderful opportunity to express your love for all the people and causes that have been part of your life. Do not be like the 70% of Americans without a Will. Take 30 minutes now to protect your family with USLegalWills.com. You should also consider adding a Power of Attorney and Living Will to your estate plan.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets, and has contributed to articles in The New York Times, NY Metro Parents, U.S. News & World Report, and other leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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