Trust & Will's 2026 Estate Planning Report: 56% of Americans Still Have No Estate Plan; AI Trust Hits an All-Time High

New Survey of 5,000 U.S. Adults Reveals a Nation Stuck Between Knowing and Acting, a Generational Reckoning Around Legacy, and the Fastest Shift in AI Attitudes the Company Has Ever Measured

SAN DIEGO, April 7, 2026 /PRNewswire/ -- Trust & Will, the leading digital estate planning platform, today released its 2026 Estate Planning Report, the largest annual estate planning study in the industry and the most comprehensive portrait of how Americans think about, prepare for, and act on legacy planning. Based on a nationally representative survey of 5,000 U.S. adults conducted January 28 through February 5, 2026, the report draws on a sample size that dwarfs comparable industry studies and delivers a uniquely authoritative read on the true state of estate planning in America. The findings reveal a country navigating genuine uncertainty: the preparedness gap is stubbornly unchanged, financial optimism has nearly evaporated, and artificial intelligence has arrived as a real and rapidly growing force in how Americans plan for the future.

Now in its sixth year, the Trust & Will Estate Planning Report has become the definitive annual benchmark for estate planning trends in America. With a survey sample five times larger than the next closest competitor study, it tracks adoption rates, generational attitudes, family preparedness, and the emerging technologies reshaping the industry with a depth and statistical confidence no other annual report in this space can match.

The Preparedness Gap Holds Firm, But How Americans Plan Is Shifting
The headline finding is one of striking consistency: 56% of U.S. adults have no estate planning documents whatsoever. No will, trust, Medical Power of Attorney (POA), Financial POA, or HIPAA authorization. That figure is essentially unchanged from 55% in 2025. This flatness is itself the story. Awareness is up, online tools are more accessible than ever, and perceived barriers are shrinking. Yet the gap between knowing and acting has not moved.

Those with a will ("will ownership") fell 5 points in a single year, dropping from 31% in 2025 to 26% in 2026. Trust ownership rose from 11% to 14% over the same period, suggesting that Americans who are taking action are increasingly choosing more comprehensive planning vehicles. The floor of unprotected Americans, however, remains unchanged.

This is set against a striking awareness gap: 73% of Americans say estate planning is personally important to them. The distance between that belief and the decision to act is the central story of estate planning in America in 2026.

Gen X: The Most Underserved Generation in the Market
Among all generations, Gen X carries the highest unprotected rate: 62% of Gen X adults have no estate planning documents, which is higher than Gen Z (54%), Millennials (58%), or Baby Boomers (48%). This finding is particularly significant given that Gen X is navigating peak financial complexity, managing careers, aging parents, dependent children, homeownership, and retirement planning simultaneously.

42% of all Americans say they would not know what to do if a family member died today. That figure climbs to 56% among those with no estate planning documents, and drops to just 18-19% among will- and trust-holders.

The Economy of Worry: Financial Anxiety Persists Without Relief
Financial anxiety remains broadly elevated, but the year-over-year picture carries an important signal. The share of Americans saying they are more financially concerned than a year ago fell slightly from 49% in 2025 to 45% in 2026, which might initially read as improvement. But the share saying they feel less worried collapsed from 19% to just 8%. Americans are not becoming more confident. The optimism that existed in 2025 has largely evaporated. The dominant mood is sustained concern with no clear relief in sight.

AI Trust in Estate Planning Jumps 10 Points in a Single Year
No finding in this year's report shifts more dramatically year over year than attitudes toward artificial intelligence.

In 2025, 20% of Americans said they trusted AI advice more than a human attorney for estate planning. In 2026, that figure is 30%, a 10-point increase in 12 months. At the same time, the share saying they trust AI less than a human attorney dropped from 46% to 36%.

Among Gen Z, 46% now say they trust AI more than a human attorney for estate planning, a figure that puts AI clearly in the majority position for the generation that will define the estate planning market within a decade.

Critically, when people are open to AI, they want attorney oversight as part of the experience. Only 5% of all respondents would use AI to create estate planning documents without any attorney review. At 28%, more than one in four Americans do not yet have a strong preference for how they would create an estate plan, representing the most reachable audience in the market today.

"The pace of change on AI in this year's data is the fastest shift we've measured on any single topic in the history of this report," said Cody Barbo, Co-Founder and CEO, Trust & Will. "What we're seeing isn't a replacement for human expertise. It's a redefinition of how people want to access it. The future of estate planning pairs AI-driven tools and digital accessibility with the attorney oversight that Americans still clearly value. That's exactly where we're building."

Legacy Redefined: Memories Matter More Than Money
When asked what they believe will be the most meaningful thing they leave behind, 41% of Americans say memories and relationships, outranking financial assets (22%), property (22%), and values or lessons (23%). This marks a decisive expansion of how Americans think about legacy and what estate planning is ultimately for.

Also notable: the share of Americans who say they do not think they will leave anything meaningful behind dropped from 17% in 2025 to 10% in 2026, a 7-point shift in a single year.

"An estate plan is how you make legacy real," Barbo added. "When people tell us that memories and relationships are what they most want to protect and pass on, that changes how we think about the product, the conversation, and the purpose of planning itself. It's not a transaction. It's an act of love."

The Conversation Gap: Families Are Still Not Talking
Having an estate plan is one layer of preparedness. Having the conversation with loved ones is another, and they do not always go together. 27% of Americans have never discussed end-of-life wishes with loved ones and do not plan to. That figure rises to 38% among Gen Z and 32% among Millennials.

The stakes are concrete. Among all respondents, 42% say they would not know what to do if a family member died today, a crisis of practical preparedness that formal documents and open family conversations, together, can resolve.

Emerging Findings: Digital Accounts, Pets, and Serious Relationships
Planning for what happens to your digital accounts after death remains one of the fastest-growing blind spots in estate planning. 48% of Americans have no instructions in place for what should happen to their digital accounts and files when they die, including email archives, financial credentials, photo libraries, and social media presence. Even among will-holders, 23% have made no arrangements for their digital accounts. A traditional estate plan does not automatically address these assets. It requires deliberate, specific attention.

Pet estate planning has become a mainstream expectation. 68% of Americans believe pets should be included in an estate plan in some form, up from 62% in 2025. Gen Z is three times as likely as Baby Boomers to say pets should receive more consideration than people in an estate plan.

Serious but unmarried couples carry disproportionate risk. 68% of people in serious or engaged relationships report having no estate planning documents at all, a higher unprotected rate than divorced or widowed individuals. Without formal documentation, an unmarried partner has no legal authority to make medical decisions in an emergency and no automatic inheritance rights in most states.

To view the full report, including interactive, downloadable, and embeddable charts and graphics, visit: trustandwill.com/learn/estate-planning-report-2026

About Trust & Will
Founded in 2017, Trust & Will is the leading digital estate planning platform in the U.S., trusted by over one million individuals and families. Our simple, secure, and attorney-approved online solutions empower Americans to create wills, trusts, healthcare directives, and other essential estate planning documents tailored to state-specific laws. As a certified B Corporation and Public Benefit Corporation (PBC), our mission to help every family leave a meaningful legacy is embedded into our business model, ensuring estate planning is accessible, affordable, and inclusive for all.

Trust & Will is bringing AI-driven innovation to modern legacy planning, helping families and professionals simplify complex decisions, accelerate document workflows, and turn information into practical guidance. We continue to invest in intelligent capabilities that support clearer planning, faster review, and better collaboration across the people involved in a family's legacy.

Today, our platform supports 20,000+ financial advisors and 200+ enterprise partners, including banks, financial institutions, attorneys, nonprofits, real estate agents, and technology platforms. Notable partners include AARP, Fifth Third Bank, UBS, USAA, LPL Financial, and Northwestern Mutual.

With more than one million users and over $300 billion in self-reported estate assets, Trust & Will is redefining estate planning as a strategic pillar of modern financial wellness. Recognized for innovation and leadership, Trust & Will has earned spots on the CNBC Disruptor 50, Inc. 5000, and Deloitte Technology Fast 500 lists, and was named a winner at the 2025 WealthManagement.com Industry Awards ("Wealthies") and ThinkAdvisor Luminaries Awards.

Learn more at trustandwill.com.

Trust & Will is an online service providing legal forms and information. Trust & Will is not a law firm and does not provide legal advice.

SOURCE Trust & Will