If you don’t have a will, you’re in the majority — but that’s not a good thing. According to Caring.com’s 2025 Wills and Estate Planning Study, 76% of American adults do not have a will. That number has gotten worse over the past decade, dropping from 40% who had a will in 2016 to just 24% in 2025.
The reasons people give are predictable: “I’m too young.” “I don’t have enough assets.” “I just haven’t gotten around to it.” But the consequences of not having a plan are anything but casual.
The Numbers Tell a Troubling Story
Let’s look at what the data actually shows:
76% of Americans have no will at all, according to the 2025 Caring.com study.
55% of Americans have zero estate planning documents — no will, no trust, no power of attorney, nothing.
Only 45% of adults over 55 have a will, even though this is the age group most likely to need one.
Will ownership dropped from 31% to 26% between 2025 and 2026, according to Trust & Will’s estate planning report.
These aren’t abstract numbers. They represent millions of families who are one accident, one diagnosis, or one unexpected loss away from a legal mess that could have been prevented.
What Happens Without a Plan in Nevada
Nevada’s intestate succession laws decide everything for you if you die without a will. The state determines who raises your children. The court picks who manages your money. Your home, your savings, and your personal property are distributed according to a formula that may have nothing to do with your actual wishes.
And it’s not just about death. Without a power of attorney or healthcare directive, your family may need to go to court just to make medical decisions on your behalf if you become incapacitated. That process takes time and money — time your family may not have in a medical emergency.
Why Nevada Residents Have a Unique Advantage
Here’s the good news: Nevada is actually one of the most favorable states in the country for estate planning. There’s no state income tax and no state estate tax. Nevada’s trust laws are among the strongest in the nation, with asset protection features that make the state a popular choice even for out-of-state residents looking for a better legal framework.
If you own a home in Henderson or Las Vegas, have a retirement account, or have minor children, you already have enough “assets” to justify a basic estate plan. You don’t need to be wealthy — you just need to care about what happens to the people and things you leave behind.
What a Basic Estate Plan Includes
A solid estate plan for most Nevada families includes four core documents: a last will and testament, a revocable living trust (which helps your family avoid probate entirely), a durable power of attorney for finances, and an advance healthcare directive. Together, these documents give your family a clear roadmap and keep them out of court.
The Cost of Waiting vs. the Cost of Planning
One of the biggest reasons people put off estate planning is cost. But consider this: a basic estate plan in Nevada typically costs a fraction of what a single probate proceeding costs in attorney fees, court filing fees, and time. Probate in Clark County can easily run several thousand dollars and take six months to a year. A living trust avoids that process entirely — saving your family money, time, and stress at the worst possible moment.
The real cost of not having a plan isn’t measured in dollars alone. It’s the burden you place on your family to make impossible decisions without guidance. It’s the months they spend in court instead of grieving and healing. It’s the relationships that fracture over disputes that a clear plan could have prevented.
Don’t become a statistic. TriLaw helps Nevada families build estate plans that actually work. Call (702) 337-3333 or visit trilawnv.com to schedule your consultation.