The following are some current (2025) statistics on how many Americans have an estate plan:
• 45 percent of U.S. adults have created estate planning documents.
• 33 percent of Americans have a will or estate plan in place.
• 32 percent of Americans had a will in 2024, marking a decline from previous years, and
• 55 percent of Americans have no estate plan.
These statistics illustrate the varying levels of estate planning among Americans, including federal employees and retirees. In a series of columns, the need for federal employees and retirees to have an estate plan is presented. This column discusses estate planning for single federal employees and retirees.
Unfortunately, there is a misunderstanding among many individuals that estate planning is primarily for couples or families. However, estate planning for single individuals is just as important. Without a spouse or immediate family member to automatically inherit assets, a single individual (which includes a widow/widower, a divorcee, or someone never married) needs to take extra steps to ensure that the single individual’s estate planning wishes are followed, both in life and at death.
It is important that single individuals understand that there are definite challenges when it comes to estate planning for single individuals. The following are some of the more crucial reasons that estate planning is an absolute must for single individuals:
• No “automatic” beneficiary. Married individuals have a spouse who serves as the default legal beneficiary. Single individuals do not have a default beneficiary. A single individual who dies without a will or trust may have his or her assets distributed according to state intestacy laws, which may not be in line with the single individual’s preferences. In some cases, this means that a single individual’s assets could end up with distant relatives with whom the single individual had no relationship.
• Healthcare and financial decisions. Who will make health care and financial decisions on behalf of a single individual in the event he or she becomes incapacitated? Without a spouse to automatically become a health care and financial proxy, single individuals must be proactive in appointing a healthcare proxy and someone who serves as an agent with the financial power of attorney.
• Risk of being subject to intestacy laws. A single individual who dies without a will (dies intestate) may have his or her assets distributed according to their resident state’s intestacy laws.
• Estate tied up in probate. A single individual who does not have a comprehensive estate plan could have his or her estate tied up in probate. The probate process can be lengthy and expensive. It can delay asset distribution and cause unnecessary stress for relatives of the deceased individual.
Key Estate Planning Strategies for Single Individuals
The following are ten estate planning documents and strategies that are specifically designed for single individuals with respect to meeting their unique estate planning needs:
1. Will. A will is the foundation of a proper estate plan. It allows an individual to specify how the individual’s assets will be distributed, name guardians for minor dependents and pets, and outline the individual’s funeral wishes. Without a will, an individual’s assets will be distributed according to their resident state intestacy laws which may not align with the individual’s preferences for who will inherit the individual’s assets.
2. Revocable living trust. A revocable living trust is an effective way to avoid probate of assets. If can also guarantee that an individual’s assets are distributed privately and promptly after an individual’s death. With a revocable living trust, the individual creating the trust (the “trustor”) appoints a trustee to manage the individual’s assets in the event the individual becomes incapacitated as well as how the assets will be distributed when the individual dies.
3. Financial power of attorney. Appointing someone for managing and overseeing an incapacitated individual’s financial matters via a durable power of attorney is crucial. This person, called the “agent,” will manage the incapacitated individual’s bills, make withdrawals from bank and credit union accounts, direct and manage brokerage accounts, and signing the principal’s federal and state income tax returns.
4. Healthcare power of attorney (healthcare proxy). Appointing an agent for healthcare matters is also crucial. This individual, called the healthcare agent, will make medical decisions on behalf of the individual setting up the healthcare power of attorney (the principal). Medical decisions include whether to allow medical procedures such as surgery and whether to administer certain medications.
5. Living will. A living will is a document that outlines an individual’s preferences for medical care if the individual becomes incapacitated and unable to communicate his or her wishes, particularly regarding end-of-life decisions.
6. Designate beneficiaries. For financial assets like retirement accounts, life insurance policies, bank accounts and brokerage accounts, it is essential for single individuals to designate beneficiaries. By designating beneficiaries and making sure the beneficiary designations are up to date, a single individual will allow these financial assets to pass directly to the people the individual chooses without going through probate.
7. Plan for digital assets. Many individuals manage their assets online, from social media profiles to digital bank and brokerage accounts. It is important for an individual to include instructions on how to access, manage, and distribute these digital assets as part of the individual’s estate plan.
8. Consider a “pet trust”. For those individuals who own pets (including birds, cats, and dogs), it is essential to include these pets as part of the individual’s estate plan. A pet trust can ensure that the individual’s pets are cared for and that funds are available for their ongoing needs in the event the pets’ owner becomes incapacitated or dies.
9. Burial arrangement. No one likes to think about making burial arrangements, especially their own. Included in the burial arrangements should be a preference for a burial or a cremation, what type of funeral service requested (formal service with speeches or a simple graveside ceremony), passages to be read, preferred charities for donations, and whether or not the individual prefers flowers.
10. Titles and property deeds. An individual should gather the titles and deeds for the individual’s home, vehicles and other real estate, making sure that the listed owner is correct. If the individual has established a revocable living trust, the individual should retitle property so that the trust is the owner.
Estate planning for single individuals can be a challenging and complex process. Single federal employees and retirees are therefore advised to seek professional assistance when developing their estate plan. An estate planning attorney located in the state that the single employee or retiree is a legal resident can help navigate the legal landscape and develop an estate plan tailored to the individual’s specific needs.
However, estate planning should not be construed as a “one and done” process. It is essential that single individuals review and update their estate plan regularly to ensure that the plan reflects the individual’s current circumstances. Changes in one’s personal and business relationships, finances, health laws, or state laws may necessitate a more frequent review of an individual’s estate plan.