Even without children, you need an estate plan to choose who handles your medical, financial and personal decisions instead of leaving those choices to courts or state law.
Learning Center / Financial Planning / Yes, Adults Without Children Need an Estate Plan
Do You Need an Estate Plan if You Don't Have Children?
By Carmen Fleetwood Paul
Jan 6, 2026
Senior Writer
TD Bank, U.S.
Key takeaways
- Adults without children need an estate plan to avoid decisions to courts or state laws.
- Choosing trusted decision makers is critical for healthcare, finances, and long-term care.
- Estate planning can support privacy, pet care and charitable giving goals.
Conversations about future planning often center on people with children. But adults without children – a steadily increasing U.S. demographic – have just as many unanswered questions and just as much at stake.
It's not uncommon for single, widowed or child-free adults to avoid estate planning altogether as it can be a difficult, sensitive process.
But as it turns out, opting out isn't really possible, according to Ashley Weeks, Wealth Strategist at TD Wealth®.
"Everyone has an estate plan; if you don't choose it yourself, the government will choose it for you," he said. "So, your plan is either one you've thoughtfully created or whatever default rules are in the state where you happen to live when you die."
Those laws, often decades old, don't always match modern family or relationship structures. If someone dies without a will, many states will follow a strict hierarchy for inheritance that include spouses, children, parents, siblings, grandparents, aunts, uncles and cousins. For adults without children, it could mean assets drift upward to elderly parents or outward to distant relatives, including ones you may barely know or don't know at all.
"There's even a term for it — ‘laughing heirs’ — people who inherit from someone they never met and are thrilled to have the money," Ashley said.
Even if assets ultimately end up where you intended, the process can become drawn out, expensive and very public. A surviving spouse, partner or loved one may be forced to go to court, get appointed as your administrator and navigate a bureaucratic mess. This scenario can be avoided with the simplest estate documents.
Who makes decisions for you if you become incapacitated?
When people think about estate planning, they think about what happens after death. But for individuals without children, the more urgent issue is often what happens during life, especially if they become ill, incapacitated or suffer from dementia.
"If you become incapacitated, hopefully someone you trust will step in," Ashley said. "But without documents in place, they'll have to go to court. That's expensive, it's public, and it leaves you vulnerable."
For single adults and couples without children, selecting a decision maker can be a daunting process. Among the questions that need to be considered:
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Who should hold my medical power of attorney?
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Who can manage bills, taxes or long-term care decisions?
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Who can be trusted to act solely in my interest?
Medical and financial decision making often call for different skill sets. For medical decisions, the best choice is usually someone who:
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Shares your values
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Understands your wishes about end-of-life care
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Can communicate clearly with doctors
Financial roles, such as power of attorney, trustee or executor, require someone who:
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Is responsible with money
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Understands basic financial management
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Can communicate with multiple beneficiaries or stakeholders
Sometimes the best choice is not a friend or relative at all. "We often tell clients they may want to explore professional fiduciary," Ashley said. "They're impartial, they follow the rules, and they don't stand to gain or lose everything based on the choices they make. For many adults without children, that level of independence is actually a comfort."
One option is to hire a care management firm, a professional company that focuses on health care proxy/power of attorney and functions as a professional medical decision-maker Healthcare providers and financial advisors may be able to provide recommendations for options to explore.
What should an estate plan include if you don't have children?
Money brings out strong emotions, even among the closest families. Estate planners often see these dynamics.
"Some relatives are tactful, and some are less so," Ashley said.
For those who prefer privacy, a revocable trust is often recommended because it keeps inheritances confidential and avoids the public probate process. Others include "no-contest clauses" that strip inheritances from anyone who challenges the will.
"Emotions run high around inheritance," Ashley said. "Having a clean, private plan prevents a lot of conflict."
Another important area to consider: your pets. In recent years, many states have adopted laws allowing formal pet trusts, ensuring animals receive care and their caregivers receive the resources to provide it. For people with beloved pets or larger animals like horses, this can be essential to make sure that your animal family member is taken care of in the way you would want it.
Without natural heirs, or legalese for direct descendants, individuals without children often have more freedom and potential impact when it comes to legacy planning. "If you're passionate about something, such as the environment, supporting veterans or protecting animals, you can leave a meaningful legacy to a nonprofit organization," Ashley said.
This can include:
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Leaving retirement assets to a nonprofit organization
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Creating charitable remainder trusts
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Setting up lifetime financial gifts with tax benefits
"In many ways, individuals without children have even more control and flexibility. But that is only if they make a plan," Ashley said. "Estate planning isn't really about death. It's about making sure your life and everything that matters in it is handled the way you want."
Estate planning checklist for people without children:
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A will or revocable trust
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Healthcare power of attorney
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Living will/advance directive
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Financial power of attorney
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Beneficiary designations (retirement accounts, life insurance)
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Trusted decision makers or a professional fiduciary
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Pet plan or trust for pet owners
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Charitable giving strategy
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A conversation with a qualified estate planner
Additional expenses may be incurred, however, for supplies that are used to increase convenience or comfort like air humidifiers, stairway elevators, grab bars and others. Also, common medical supplies like bandages and gauze are not covered by Medicare.
FAQs
Yes. Adults without children still need an estate plan and will to make clear who should manage their medical, financial and legacy decisions. Without one, courts or state laws may determine who handles your affairs and who inherits your assets.
If someone dies without a will, state laws typically decide who inherits their assets. For adults without children, that may mean assets pass to parents, siblings or more distant relatives, even if that does not reflect the person’s wishes.
The best choice is to name someone you trust to act in your interest. Medical decision makers should understand your values and end-of-life wishes, while financial decision makers should be responsible with money and able to manage bills, taxes or long-term care needs. Some people may also consider a professional fiduciary.
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