Personal Property

Will(ful) Neglect: Do Americans Have the Wills They Deserve?

August 8, 2023
4 min read
Father kissing his teen daughter as his teenage son stands nearby.|Legacies at Risk: Survey Reveals Nearly 60% of American Unprepared for the Investiable. 20% of American believe having a Will is important, nearly 60% do not have one prepared.
Get the legal advice you need, without the lawyer fees
Explore Plans

A Last Will and Testament prepares for the inevitable.

A Last Will and Testament is a legal document that provides who is to receive your property after your death, who will administer your estate, who will serve as guardian to your children, and many other provisions. It is essential to have a Will for the sake of your family, your estate, and your own peace of mind.

Without a Will, you leave your loved ones and precious possessions in the hands of the courts to disperse as they see fit. The longer this probate process drags on, the more fees and taxes your loved ones will end up paying. Probate can consume your loved ones’ time for up to 2 years and eat up 3%-7% of the value of your estate.

Americans are not prepared.

LegalShield recently conducted a nationwide survey to find out how if Americans know about the importance of having a Will. We also asked the survey participants if they already had a Will in place. The results were shocking.

Legacies at Risk: Survey Reveals Nearly 60% of American Unprepared for the Investiable. 20% of American believe having a Will is important, nearly 60% do not have one prepared.

When we reviewed the results of our survey, we learned that many Americans are simply not prepared for the end of life. This is understandable: Death is a frightening, mysterious subject that most people want to avoid. Unfortunately, that means that estate planning is thrown the wayside—even though people know it is essential!Here is what we found:

  • While 90% of Americans know it is important to have a Will, almost 6 in 10 have not yet created their Will or begun other estate planning processes.
  • 46% of our survey participants admitted that they didn’t even know where to begin.
  • 72% were worried about the expensive price tag and were avoiding paying the price of Will preparation.

Isn’t preparing a Will expensive and difficult?

It is true that creating a Will can be complicated, time-consuming, and costly. Without the help of a lawyer, you may not have the peace of mind that your wishes will be communicated to your loved ones or that a court will honor your wishes. Most lawyers charge an average of $1,500 to draft a basic Will and Estate Plan. That’s where LegalShield comes in to save the day.

LegalShield levels the playing field for our members.

You do not have to avoid the estate planning process, or even try to do it yourself. LegalShield works hard to make estate planning easy, simple, and affordable for all our members. Our dedicated provider law firms work tirelessly to bridge the gap. As LegalShield provider lawyer Ashley Higginbotham said so well, “We see the stress melt away from clients when they take this important step for themselves and their loved ones.”If you have questions about creating your Will or other estate planning issues, we have answers.

Here are just a few of the pressing issues that we assist our members with:

  • Do you need a Will? (We’ve already answered this one!)
  • What are the types of Wills?
  • Can you get some guidance with estate planning?

Our LegalShield Members can even access a guided Will questionnaire to make starting their Wills simple and hassle-free.

Get the inside scoop on what Americans think about Wills from our nationwide survey. You don’t have to go through this process alone. Find out how LegalShield can help you prepare your Will today.

Get the Answers You Need,
When You Need Them

Shop Plans
Share this article
Label
Label
Label
Label

Related articles

Back to Learning Center
A family spending time together in their living room.
Personal Property
5 min read
Trust vs. Estate: How Are Trusts Used in Estates?

A Trust is like a bridge between a person and their estate. A Trust can make it easier for your family to manage your estate when the time comes.

5 min read
Author Name
,
Author Title
June 11, 2026
Two men sitting at a table and reviewing a document
Personal Property
5 min read
How Much Do Probate Fees Cost? A Guide to Understanding Probate Fees

A probate estate includes everything the deceased owned in their name alone without a named beneficiary. The cost of probate only applies to assets that require court supervision to transfer.

5 min read
Author Name
,
Author Title
June 9, 2026
A woman reviewing documents on a tablet.
Personal Property
5 min read
How to Transfer a Loved One’s Property Deed as an Executor or Trustee

Deed transfer is an important part of the process, but it depends on the deed’s specifics. Let’s look at some ways property might transfer to help you understand what to expect.

9 min read
Author Name
,
Author Title
June 9, 2026
Two people sitting together at a kitchen table, looking at paperwork.
Personal Property
5 min read
How Much Does an Executor Receive? A Guide to Executor Compensation

This article explains how executors are compensated, the factors that can affect the amount, and how state laws play a role.

7 min read
Author Name
,
Author Title
June 8, 2026
An older and younger woman reviewing documents together
Personal Property
5 min read
What Is a Probate Bond, and Do You Need to Consider It When Estate Planning?

If the executor or administrator makes a mistake or does something wrong intentionally, a probate bond is a financial safety net for your heirs and creditors.

7 min read
Author Name
,
Author Title
June 5, 2026
A woman and her mother having tea together and smiling at one another.
Personal Property
5 min read
How To Do a Transfer on Death Deed (TODD): Your Property In Estate Planning

A Transfer on Death Deed (TODD) is a tool you can use to avoid probate on your real estate. Instead of waiting months for a court process, your home or other real estate passes directly to the person you choose.

9 min read
Author Name
,
Author Title
June 4, 2026
A happy couple in front of their new house
Personal Property
5 min read
What Is a Special Warranty Deed? A Guide for Homebuyers

This document determines who is responsible if something goes wrong based on the property's past. And unlike other deeds, it leaves a gap in protection that many buyers don't see coming.

7 min read
Author Name
,
Author Title
June 4, 2026
A parent helps a small child ride a bicycle on a shady sidewalk.
Personal Property
5 min read
How to Set Up a Trust Fund for Kids

If you own a home, carry life insurance, or have money in savings, you have something worth protecting. Using a Trust to direct who will receive those assets, when, and under what conditions is a great way to provide for your family.

12 min read
Author Name
,
Author Title
June 4, 2026
*See your plan contract for details. Additional fees, limitations, and waiting periods may apply.