At What Age Should You Have an Estate Plan in Place?
FEBRUARY 19, 2026 | Estate Planning

At What Age Should You Have an Estate Plan in Place?

Most people don’t think about estate planning in terms of age because it doesn’t feel tied to any single moment. There’s no birthday that suddenly makes it obvious; no checklist handed out when adulthood begins. For many people, it sits in the background — something to “get to later.”

What often goes unrecognized is that estate planning doesn’t turn on age at all. It turns on legal authority. Once you’re an adult, the law treats you as fully responsible for your medical, financial and personal decisions. Without documents in place, those decisions don’t automatically fall to family members when something goes wrong — they fall to established legal processes.

That’s why the question isn’t when you should create an estate plan in terms of age. It’s when life creates situations where control, protection, and clarity matter — and when you want those decisions handled by people you trust rather than by default rules.

Why estate planning has less to do with age than responsibility

People often assume estate planning starts later in life. In reality, it starts when legal consequences begin — and that happens at adulthood. Once you turn 18, parents no longer have automatic authority to make medical or financial decisions on your behalf.

From there, estate planning becomes more important as responsibilities and assets grow.

Ages 18–25: The foundation stage

At this stage, most people don’t need complex documents. But two things matter immediately:

  • Who can make your medical decisions if you’re incapacitated
  • Who can manage your finances if you’re incapacitated

Without basic planning, families are often shocked to learn they need court approval to step in during emergencies. That delay can cause unnecessary stress and hardship.

Marriage: When finances intertwine

Marriage changes everything legally. Assets, debts and decision-making authority suddenly overlap.

This is often when people first need to:

  • Update and/or name beneficiaries
  • Clarify what happens if one spouse becomes incapacitated
  • Align financial expectations with legal reality

Assumptions and verbal assurances — even reasonable ones — don’t always hold up without documentation.

Children: When planning becomes non-optional

Once you have children, estate planning stops being optional.

If something happens to you without a plan in place:

  • A court may decide who raises your children
  • Financial access for caregivers can be delayed

This is often the moment people realize estate planning is less about themselves and more about protecting the people who depend on them.

Home or business ownership: Increased exposure

Owning property or a business increases the complexity of your estate immediately. Decisions need to be made about:

  • Who receives what
  • How property transfers
  • Who manages assets during incapacity

Without planning, these questions are answered by default rules — not personal intent.

Later life: Refining and updating

As retirement approaches or parents age, estate plans should evolve. Your plans regarding health care preferences, long-term planning and asset distribution may need adjustment.

An outdated plan can be just as problematic as having no plan at all.

What does all this mean in practical terms?

Estate planning isn’t tied to a specific birthday. It’s tied to responsibility, risk, and the desire to keep decisions in the hands of people you trust — not the court system.

For more information on estate planning and the laws regarding it in Virginia, an initial consultation is your next best step. Get your questions answered based on your unique situation. Click to request a time today or by calling us at 804-593-0788. And always remember: You can Trust Us With Your Justice.

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