Why Your Family May End Up in Court Without a Will

Nearly 90% of American adults are at risk of their families ending up in court after their death because they lack a key legal document: a will.

According to a report by Caring.com, published in April 2026, 88% of U.S. Adults do not have a will or living trust in place, leaving their estates subject to intestacy laws that vary by state and often lead to prolonged, costly, and emotionally draining probate proceedings.

The absence of a will means that when a person dies, state laws determine how their assets are distributed, typically prioritizing spouses and children but potentially excluding unmarried partners, stepchildren, or close friends. In cases where no relatives can be located, the estate may escheat to the state.

Legal experts warn that without clear directives, disputes among heirs are common, especially regarding real estate, personal property, or digital assets. These disagreements frequently escalate to litigation, draining estate value through legal fees and court costs.

“People assume their families will know what to do or that things will work out fairly,” said Sarah Lin, an estate planning attorney based in Chicago. “But without a will, even simple situations can become fractured by misunderstanding, resentment, or greed. We see siblings suing each other over a house, or stepchildren cut out despite years of caregiving.”

The Caring.com report also found that younger adults are the least likely to have estate planning documents, with only 22% of those aged 18 to 34 having a will. Among adults 65 and older, the rate rises to 56%, but still leaves nearly half unprotected.

Common reasons cited for not having a will include procrastination, the belief that they don’t have enough assets to warrant one, and discomfort discussing death. However, legal professionals emphasize that wills are not just for the wealthy — they are essential for anyone who owns property, has dependents, or wishes to specify guardianship for minor children.

In addition to a will, experts recommend complementary documents such as a durable power of attorney, advance healthcare directive, and beneficiary designations on retirement accounts and life insurance policies. These tools help ensure that medical and financial decisions align with a person’s wishes if they become incapacitated.

Some states offer simplified probate processes for small estates, but thresholds vary widely — from as low as $10,000 in some states to over $200,000 in others. Even in simplified cases, the lack of a will can still result in unintended outcomes, such as distant relatives inheriting over long-term partners or friends.

Online will-making platforms have made creating a basic will more accessible and affordable, with many offering state-specific templates for under $100. Attorneys caution, however, that complex situations — such as blended families, business ownership, or significant assets — often require personalized legal advice to avoid ambiguities that could still lead to court challenges.

As of April 2026, no federal mandate requires estate planning, and efforts to encourage will completion through public awareness campaigns have had limited reach. Legal aid groups note that access to affordable estate planning remains a barrier in underserved communities.

Without proactive planning, the likelihood increases that a person’s final wishes will be overridden by default legal procedures — and that their loved ones will face the stress, expense, and conflict of court proceedings during an already difficult time.