Referral Only 24% to 32% of American adults have a will, according to two separate Caring.com studies conducted in 2024 and 2025. That is the lowest rate since 2020. But having a will is not enough on its own. Among the people who do have one, a predictable set of mistakes shows up again and again — mistakes that cost families time, money, and sometimes their relationships. Here are the five most common, and the one that tends to do the most damage.
More than a third of Americans without a will believe their families will automatically inherit their assets. That is not how it works. When someone dies without a will — a condition the law calls dying intestate — the state applies a rigid formula to distribute their estate. That formula is based entirely on legal bloodlines, not relationships or intentions. Stepchildren are typically excluded. Unmarried partners receive nothing, regardless of how long they lived together. The court appoints an administrator — who may not be the person you would have chosen — and the process is generally slower and more expensive than settling an estate with a valid will. For retirees with blended families, unmarried partners, or strong preferences about who gets what, dying without a will means the state makes those decisions instead.
A will is not a "set it and forget it" document. Major life changes require a review. Divorce, the death of a named executor, the birth of grandchildren, a move to a different state, a significant change in assets — any of these can make a will ineffective or, in some cases, nearly impossible to execute. Moving between states carries a specific risk: different states have different rules about will validity, spousal protections, and executor authority. A holographic will — a handwritten will signed by the person who wrote it but typically without formal witnesses — is recognized in roughly half of U.S. states. Texas requires it to be entirely in the testator's handwriting. Oklahoma requires a signature and date. Florida and Ohio do not recognize holographic wills at all. Tax law changes can also make an old will "worthless" in practical terms. Iowa eliminated its inheritance tax in 2025. Wills drafted with provisions designed around that tax may need to be rewritten. The painter Thomas Kinkade's estate became a legal dispute when his girlfriend presented two handwritten wills that were nearly illegible. Holographic wills — because they lack formal witnesses and often contain ambiguous language — are among the most frequently litigated estate documents.
Retirees often choose their oldest child or a close friend — someone they trust emotionally. That is not the same as choosing someone who is prepared for the job. An executor is a fiduciary — a person with a legal duty to act in the best interest of the estate and its beneficiaries. The role involves publishing legal notices for creditors, managing and appraising assets, filing the decedent's final tax returns, and navigating a court process that can take one to two years. An executor who is disorganized, financially unsophisticated, or in conflict with other heirs can cause attorney fees to spiral. If an attorney has to locate bank accounts because the executor failed to provide records, or if family disputes require court intervention, legal costs can reach tens of thousands of dollars above what a well-run estate would require. Corporate trustees and professional fiduciaries exist specifically for complex situations where a neutral, experienced administrator is more appropriate than a family member.
This is the most expensive mistake on this list, and it is extremely common. Many retirees establish a revocable living trust — a legal arrangement that holds assets and allows them to transfer to heirs without going through probate — and then never actually move their assets into it. They pay an attorney to set it up. They sign the documents. And then they leave their house, their bank accounts, and their investment accounts in their own name instead of the trust's name. An unfunded trust is a useless trust. Assets held outside the trust at the time of death are probate assets, subject to all of the costs and delays the trust was designed to eliminate. The trust document sits in a drawer, technically valid, but accomplishing nothing. The process of moving assets into a trust is called funding. It requires retitling real estate through a new deed, changing the ownership name on bank and investment accounts, and updating various financial registrations. Most estate attorneys include this in their service; many clients don't follow through on it.
An estate planning attorney can review whether your existing will is
AARP, Caring.com 20242025 Wills & Estate Planning Studies,