Estate planning is one of those tasks that most people know they should complete – yet many never do. Despite widespread awareness of its importance, execution remains low across the workforce. Research shows that only 32% of Americans have a will. At the same time, 64% of adults say having a will is important, underscoring a persistent disconnect between intent and action.
For HR professionals, estate planning may feel like a deeply personal issue, but its consequences often spill into the workplace through financial stress, caregiving strain, and unexpected time away. The good news? Longstanding barriers that have kept employees from acting are starting to fall, thanks to new technology and modernized legal processes. That creates a timely opportunity for HR leaders to rethink how estate planning fits into broader financial wellness and benefits strategies.
The Hidden Costs of Putting Estate Planning Off
When employees delay estate planning, the risks are not abstract. Without even a basic will in place, families can face significant legal, financial, and emotional challenges that few are prepared for.
If someone dies without a will, a situation known as dying “intestate,” state law determines how assets are distributed. Those rules follow rigid formulas that may not reflect an individual’s wishes, especially in blended families or for unmarried partners. Courts appoint an administrator to manage the estate, guardianship decisions for minor children may be left to a judge and the entire process becomes part of the public record.
The probate process itself is also frequently underestimated. Depending on the state and the complexity of the estate, probate can take many months – and in contested or complicated cases, two years or longer – before assets are distributed. Even straightforward estates often require lengthy creditor notice periods, court filings and administrative steps that delay closure for surviving family members. Along the way, families may face thousands of dollars in court and legal fees.
Legal resources such as LegalClarity and Nolo consistently highlight the same issues: estates without clear planning are more likely to be delayed, incur higher costs and produce outcomes that don’t match the deceased’s intent.
Why Estate Planning is an HR Issue, Too
While these legal consequences are significant on their own, they also have a ripple effect at work – one that HR teams increasingly feel.
Financial stress is already pervasive in today’s workforce. According to PwC’s 2026 Employee Financial Wellness Survey, nearly 60% of employees say they’re stressed about their finances, and that stress directly affects engagement, productivity and overall well‑being. PNC research adds that employees spend as much as three hours per week during work hours worrying about personal financial matters.
When estate planning is missing or incomplete, that stress can intensify. Employees may suddenly need to navigate probate for a parent, manage legal paperwork, or take on caregiving and administrative responsibilities – often while maintaining full‑time jobs. Delays in accessing inherited assets can create immediate cash‑flow pressure, compounding existing concerns about debt, housing costs, or childcare.
For HR leaders tasked with supporting employee well-being, these situations highlight an important truth: estate planning gaps don’t stay confined to private life. They show up as distraction, absenteeism, and burnout, particularly for mid‑career employees balancing work, caregiving, and long‑term financial planning.
Why Employees Have Historically Avoided Estate Planning
So, if estate planning is so consequential, why do so many employees keep postponing it?
Research points to several consistent barriers. Many employees believe they don’t have “enough” assets to justify a will. Others assume the process will be expensive, overly complex or require time‑consuming in‑person meetings with attorneys. There’s also a natural discomfort with end‑of‑life topics, especially among younger workers who don’t yet see estate planning as relevant.
Caring.com’s latest Wills and Estate Planning Study highlights how widespread these perceptions are: 40% of Americans without a will say they don’t have enough assets to merit one, even though estate plans address far more than asset distribution. Guardianship decisions, healthcare directives, and decision‑making authority during incapacity are just as critical, regardless of income level.
Historically, the process itself reinforced these concerns. Paper‑based documents, multiple office visits, and unclear cost structures created enough friction that many people simply never got started.
What’s Changed? Technology is Removing the Friction
In recent years, however, estate planning has begun to look very different and that shift is highly relevant for employers.
First, state laws have modernized. Today, 42 states and Washington, D.C., recognize some form of electronic wills or digital execution, making it easier for individuals to create and sign valid estate documents without logistical hurdles. This legal evolution reflects a broader recognition that estate planning needs to be accessible in a digital‑first world.
Second, technology has streamlined the experience itself. Digital platforms can now guide individuals through key decisions, explain documents in plain language, and reduce the intimidation factor that once stalled progress. Automation and AI‑supported tools are increasingly used behind the scenes to speed document preparation and improve accuracy under attorney oversight. For example, ARAG has expanded its DIY Docs® offering to include a trust with a pour-over will, along with nine other estate planning and legal documents created using state-specific, attorney-reviewed templates in the member portal.
Together, these changes lower the “activation energy” required to actually complete an estate plan. Employees who previously felt stuck at the starting line now have clearer, faster paths to getting foundational documents in place.
Where HR Fits In
Many organizations already view financial wellness broadly, encompassing budgeting tools, retirement planning, and debt management. Estate planning is a natural extension of that framework, particularly as employees navigate life milestones such as marriage, parenthood, homeownership, and caregiving.
Some employers are addressing this need by incorporating legal resources, such as educational content, access to attorneys or legal insurance, into their benefits mix. Providers like ARAG support this approach by helping make foundational legal services more accessible, allowing employees to prepare proactively rather than react during a crisis.
When employees can take care of essential legal planning before something goes wrong, the benefits are shared: families gain clarity and peace of mind, and workplaces see less disruption tied to unplanned legal and financial strain.
A Timely Opportunity for HR Leaders
Estate planning may never top employees’ daily to‑do lists, but it doesn’t have to stay perpetually undone. The combination of modernized laws, new technology and a broader focus on holistic financial wellness has changed what’s possible.
For HR pros, acknowledging estate planning as part of the employee experience – and ensuring access to resources that make it easier to act – can help close a long‑standing gap between intention and follow‑through. And when employees move from “I know I should” to “I’ve finally done it,” the payoff extends well beyond their personal lives.
Lisa Wolf is Director of People & Culture at ARAG Legal Insurance. With 20+ years of HR experience, Lisa oversees talent acquisition, organizational design and effectiveness, performance management, employee relations, compensation and benefits, succession management and team member learning and development. Lisa is fiercely dedicated to creating and protecting cultures where team members and organizations thrive.