Disclaimer: General educational research only — not legal advice. Executor and trustee rules vary by state. Talk with an estate planning attorney in your state.
Estate Planning Data & Research → Who Will Be Your Executor?
Most people assume a spouse will handle things: settle the estate, take over the trust, make the calls. For more than 4 in 10 Americans 65 and older, there is no spouse. And the professional fiduciary business, the trust companies and trust departments that serve as executors and trustees for hire, is small.
We used the Census Bureau’s 2024 American Community Survey to count residents 65 and older who are never married, widowed or divorced in every state. We compared that with the Census Bureau’s count of trust and fiduciary businesses and with FDIC data on banks that offer trust services. We also checked new state laws on what happens when no one is available to serve.
If you don’t name someone, state law and a court will decide who settles your estate, and it may be a county official. See whether you need a will, a living trust or both.
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Cite this page URL when reusing findings. Not a substitute for official sources or professional advice.
Key findings
- 26.1 million Americans 65+ have no spouse. That’s 42.6% (±0.1) of the 61.2 million residents 65 and older who are never married, widowed or divorced.
- 4.3 million older Americans have never married (7.0%). The share is highest in D.C. (23.5%), New York (11.9%) and Rhode Island (10.3%).
- The unmarried share is highest in D.C. (63.5%), Nevada (46.1%) and New York (46.0%), and lowest in Utah (35.1%) and Idaho (36.8%).
- California (2.8 million), Florida (2.2 million) and Texas (1.8 million) have the most unmarried older residents.
- There are about 3,300 trust and fiduciary businesses in the U.S. The Census Bureau counted 3,285 establishments in 2023, with 36,031 employees, or about 12.6 for every 100,000 unmarried residents 65+. Establishments rose from 2,504 in 2018, but employment was flat (36,422 in 2018).
- They’re concentrated in a few places. Wyoming (51.0 per 100,000 unmarried 65+), Delaware (50.4) and South Dakota (42.6) have the most per capita. West Virginia (3.0), Hawaii (5.1) and Alabama (5.2) have the fewest. West Virginia had five establishments.
- 1,001 FDIC-insured banks reported fiduciary activity as of June 30, 2026, about 1 in 4 of the 4,313 that filed reports. They held $49.2 trillion in fiduciary and related assets across 10.8 million accounts.
- New laws address the gap. California’s AB 1660 (Chapter 369, Statutes of 2026) lets a county public administrator summarily dispose of an estate up to $50,000 without court authorization. That applies even with a will, if the will names no executor or the named executor refuses to act.
Unmarried older residents and fiduciary businesses by state
| State | Residents 65+ | 65+ with no spouse (never married, widowed, divorced) | 65+ never married | Trust & fiduciary businesses (2023) | Per 100,000 unmarried 65+ | Banks with trust activity headquartered here |
|---|---|---|---|---|---|---|
| United States | 61,245,283 | 26,098,120 (42.6%) | 7.0% | 3,285 | 12.6 | 1,001 |
| Alabama | 955,166 | 426,549 (44.7%) | 5.3% | 22 | 5.2 | 5 |
| Alaska | 109,415 | 44,147 (40.3%) | 8.0% | 9 | 20.4 | 1 |
| Arizona | 1,491,158 | 601,241 (40.3%) | 5.6% | 93 | 15.5 | 3 |
| Arkansas | 562,707 | 240,550 (42.7%) | 5.1% | 13 | 5.4 | 30 |
| California | 6,524,861 | 2,798,027 (42.9%) | 8.2% | 527 | 18.8 | 15 |
| Colorado | 980,364 | 388,732 (39.7%) | 5.9% | 82 | 21.1 | 11 |
| Connecticut | 713,337 | 321,600 (45.1%) | 9.3% | 44 | 13.7 | 8 |
| Delaware | 227,824 | 91,318 (40.1%) | 6.8% | 46 | 50.4 | 19 |
| District of Columbia | 90,674 | 57,589 (63.5%) | 23.5% | 8 | 13.9 | 0 |
| Florida | 5,094,353 | 2,165,496 (42.5%) | 5.7% | 263 | 12.1 | 17 |
| Georgia | 1,765,603 | 751,975 (42.6%) | 6.2% | 106 | 14.1 | 7 |
| Hawaii | 311,305 | 135,980 (43.7%) | 9.3% | 7 | 5.1 | 3 |
| Idaho | 355,551 | 131,006 (36.8%) | 4.1% | 21 | 16.0 | 1 |
| Illinois | 2,274,582 | 992,774 (43.6%) | 8.5% | 84 | 8.5 | 108 |
| Indiana | 1,218,401 | 528,535 (43.4%) | 5.6% | 47 | 8.9 | 53 |
| Iowa | 612,603 | 238,671 (39.0%) | 5.4% | 19 | 8.0 | 151 |
| Kansas | 533,774 | 215,248 (40.3%) | 5.1% | 39 | 18.1 | 37 |
| Kentucky | 825,850 | 367,084 (44.4%) | 5.6% | 23 | 6.3 | 33 |
| Louisiana | 819,864 | 366,763 (44.7%) | 7.3% | 23 | 6.3 | 10 |
| Maine | 329,926 | 134,270 (40.7%) | 6.4% | 20 | 14.9 | 8 |
| Maryland | 1,099,752 | 498,753 (45.4%) | 9.3% | 40 | 8.0 | 3 |
| Massachusetts | 1,335,942 | 582,947 (43.6%) | 9.7% | 80 | 13.7 | 25 |
| Michigan | 1,987,859 | 857,704 (43.1%) | 7.1% | 62 | 7.2 | 17 |
| Minnesota | 1,056,273 | 412,226 (39.0%) | 6.9% | 51 | 12.4 | 11 |
| Mississippi | 531,347 | 241,093 (45.4%) | 5.8% | 13 | 5.4 | 20 |
| Missouri | 1,169,201 | 509,786 (43.6%) | 5.8% | 38 | 7.5 | 30 |
| Montana | 241,423 | 95,248 (39.5%) | 4.5% | 18 | 18.9 | 3 |
| Nebraska | 348,052 | 139,680 (40.1%) | 5.5% | 15 | 10.7 | 26 |
| Nevada | 575,351 | 265,351 (46.1%) | 6.3% | 81 | 30.5 | 2 |
| New Hampshire | 303,232 | 124,603 (41.1%) | 5.6% | 17 | 13.6 | 4 |
| New Jersey | 1,706,665 | 717,896 (42.1%) | 8.6% | 68 | 9.5 | 10 |
| New Mexico | 429,233 | 194,617 (45.3%) | 6.9% | 15 | 7.7 | 5 |
| New York | 3,757,173 | 1,729,751 (46.0%) | 11.9% | 223 | 12.9 | 29 |
| North Carolina | 1,980,690 | 811,874 (41.0%) | 5.6% | 87 | 10.7 | 7 |
| North Dakota | 140,295 | 60,561 (43.2%) | 6.9% | 8 | 13.2 | 16 |
| Ohio | 2,271,397 | 1,004,623 (44.2%) | 6.7% | 67 | 6.7 | 22 |
| Oklahoma | 692,081 | 309,982 (44.8%) | 4.1% | 30 | 9.7 | 26 |
| Oregon | 850,217 | 360,903 (42.4%) | 6.2% | 55 | 15.2 | 4 |
| Pennsylvania | 2,665,974 | 1,144,729 (42.9%) | 8.2% | 96 | 8.4 | 43 |
| Rhode Island | 220,168 | 100,510 (45.7%) | 10.3% | 9 | 9.0 | 3 |
| South Carolina | 1,082,724 | 416,229 (38.4%) | 5.3% | 46 | 11.1 | 6 |
| South Dakota | 175,902 | 68,132 (38.7%) | 7.1% | 29 | 42.6 | 18 |
| Tennessee | 1,273,979 | 550,697 (43.2%) | 5.2% | 67 | 12.2 | 30 |
| Texas | 4,365,469 | 1,793,389 (41.1%) | 4.9% | 322 | 18.0 | 56 |
| Utah | 434,922 | 152,750 (35.1%) | 4.0% | 44 | 28.8 | 4 |
| Vermont | 148,485 | 63,361 (42.7%) | 7.0% | 7 | 11.0 | 3 |
| Virginia | 1,550,385 | 646,919 (41.7%) | 6.5% | 44 | 6.8 | 14 |
| Washington | 1,378,508 | 562,564 (40.8%) | 5.5% | 80 | 14.2 | 3 |
| West Virginia | 386,851 | 164,081 (42.4%) | 4.6% | 5 | 3.0 | 9 |
| Wisconsin | 1,171,042 | 474,550 (40.5%) | 7.0% | 49 | 10.3 | 24 |
| Wyoming | 117,373 | 45,056 (38.4%) | 5.1% | 23 | 51.0 | 5 |
Sources: Census Bureau ACS 2024 1-year (table B12002); County Business Patterns 2023, NAICS 523991 (trust, fiduciary and custody activities); FDIC BankFind Suite financial data, June 30, 2026 (banks reporting fiduciary activity, by headquarters state). Margins of error are in the CSV download.
Why the numbers differ
Marriage patterns vary by state. D.C., New York and Rhode Island have the highest never-married shares among older residents, and those states also rank near the top for no spouse overall. Utah and Idaho have the lowest shares of older residents without a spouse.
Trust businesses are concentrated in a few small states. Wyoming, Delaware, South Dakota and Nevada all rank high per capita. The counts show where businesses are located, not where their clients live, and a trust company in one state can serve clients nationwide.
Bank trust departments are mostly counted somewhere else. NAICS 523991 counts establishments whose main activity is trust, fiduciary or custody work, including escrow agents (except real estate) and custody businesses. A trust department inside a bank branch is usually counted as banking. The FDIC column fills part of that gap, but it counts banks by headquarters state. Iowa (151) and Illinois (108) have the most.
Neither measure counts individual professionals. Lawyers, CPAs and licensed professional fiduciaries who serve as executors or trustees aren’t in these counts. No federal source counts them.
What happens if there’s no one to serve
If your will doesn’t name an executor, or the person you named can’t or won’t serve, a court appoints an administrator from a priority list set by state law. If no relative steps up, many states turn to a public official.
California’s new laws show how that works. AB 1660, signed Sept. 20, 2026, expands the power of county public guardians and public administrators. Their certificates of authority now last 60 days instead of 30. Banks and insurers that don’t comply after 30 days’ notice can face court sanctions of at least $1,000 per violation. For estates up to $50,000, the public administrator can act without a court order, even when a will exists, if the will names no executor or the named executor refuses to act. SB 561, signed Sept. 27, 2026, requires a county public guardian to acknowledge a referral and begin investigating within two business days.
Illinois added rules for private professional guardians in House Bill 3811, which became Public Act 104-0547 on July 10, 2026, and takes effect January 1, 2027. We confirmed the public-act number, the July 10 approval, and the effective date on the Illinois General Assembly bill-status page.
Pending elsewhere: New Jersey A4280, which revises visitation and reporting rules for professional guardians, was reported out of committee and referred to the Assembly Judiciary Committee in June 2026. California AB 1939, on professional fiduciaries, was held in committee in August 2026.
What this means for your family
Name an executor, a successor trustee and backups. The person you name today may not be able to serve when the time comes. Name at least one alternate in your will and trust.
If there’s no obvious family choice, consider a professional. Banks with trust powers, trust companies and licensed professional fiduciaries serve as executors and trustees for a fee. Ask about minimum account sizes and fee schedules before you name one.
A living trust can also cover incapacity. A successor trustee can manage trust assets if you can’t, without a court guardianship or conservatorship. Pair it with a durable power of attorney and a health care proxy. See the incapacity gap and essential estate documents.
Tell the people you name. An executor who doesn’t know they were named, or can’t find the documents, can’t act quickly.
Related: Older adults living alone, by state · Cost of dying without a will, by state · Settling an estate
Methodology
Population. U.S. Census Bureau, American Community Survey 2024 1-year estimates, table B12002 (Sex by Marital Status by Age for the Population 15 Years and Over). “65+ with no spouse” adds never married, widowed and divorced men and women aged 65–74, 75–84 and 85+. Separated and “spouse absent” people are counted as married, as the Census Bureau classifies them. MOEs use the Census Bureau’s approximation formulas. Puerto Rico is excluded.
Fiduciary businesses. Census Bureau County Business Patterns 2023 and 2018, NAICS 523991, establishments and March 12 employment, by state. CBP 2024 isn’t yet available through the API (checked Oct. 8, 2026).
Banks. FDIC BankFind Suite financials API, report date June 30, 2026. Institutions with fiduciary activity (field TRACT = 1, meaning trust powers granted and exercised with reportable fiduciary assets, accounts or income), counted by headquarters state. Fiduciary and related assets (TFRA) and number of accounts (NFAA) are summed nationally. They’re reported in thousands of dollars and include all fiduciary and custody accounts, not just personal trusts and estates.
Laws. California AB 1660 and SB 561 text from leginfo.legislature.ca.gov. Illinois HB 3811 (Public Act 104-0547, effective January 1, 2027) from the Illinois General Assembly bill-status page, checked Oct. 8, 2026. New Jersey A4280 and California AB 1939 status from LegiScan, checked Oct. 8, 2026.
What this doesn’t measure. No federal source counts how many people have named an executor or trustee, or how many estates go to public administrators. Unmarried residents may have children, siblings or friends who can serve. This page measures the population without a spouse, not people without anyone.
Related research: where trust tax returns are filed shows IRS estate and trust return counts by state, which follow the fiduciary’s address.
Also see will contest watch for how often appeals courts see will and trust fights, by state and legal ground.
Frequently asked questions
What happens if I don’t name an executor?
A court appoints an administrator, usually following a priority list in state law that starts with a spouse and close relatives. In some states, a public administrator can step in when no one else qualifies or is willing.
How many older Americans don’t have a spouse?
About 26.1 million people 65 and older (42.6%) were never married, widowed or divorced in 2024, according to the Census Bureau.
Can a bank or trust company be my executor or trustee?
Yes. Banks with trust powers and trust companies serve as executors and trustees for a fee. As of June 2026, 1,001 FDIC-insured banks reported fiduciary activity.
What did California’s AB 1660 change?
Starting Jan. 1, 2027, public guardians’ and public administrators’ certificates of authority last 60 days, institutions face sanctions for not complying, and public administrators can summarily dispose of estates up to $50,000 without court authorization. That includes estates with a will that names no executor or whose executor refuses to act.
Should I name a backup executor?
Yes. Naming at least one alternate executor and successor trustee helps avoid a court appointment if your first choice can’t serve.
Sources
Data is public-domain U.S. government data. Pulled Oct. 8, 2026.
- U.S. Census Bureau, ACS 2024 1-year, table B12002 (Sex by Marital Status by Age). API: https://api.census.gov/data/2024/acs/acs1 (
- U.S. Census Bureau, County Business Patterns 2023, 2018 and 2013, NAICS 523991. API: https://api.census.gov/data/2023/cbp ( The CBP 2024 endpoint returned 404 on Oct. 8, 2026.
- Census NAICS definition 523991, “Trust, Fiduciary, and Custody Activities.” https://www.census.gov/naics/?input=523991&year=2022&details=523991
- FDIC BankFind Suite API, financials, REPDTE 20260630 (fields TRACT, TFRA, NFAA, TIP). https://api.fdic.gov/banks/financials ( Field definitions: https://api.fdic.gov/banks/docs/risview_properties.yaml
- California AB 1660 (Chapter 369, Statutes of 2026; approved Sept. 20, 2026). https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1660
- California SB 561 (Chapter 649, Statutes of 2026; approved Sept. 27, 2026). https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB561
- Illinois HB 3811, Public Act 104-0547, approved July 10, 2026, effective January 1, 2027. https://www.ilga.gov/Legislation/BillStatus?DocNum=3811&GAID=18&DocTypeID=HB&LegId=162688&SessionID=114 (bill-status page checked Oct. 8, 2026)
- New Jersey A4280 (2026–2027 session). https://www.njleg.state.nj.us/bill-search/2026/A4280 (status via LegiScan)
- California AB 1939 (held in committee Aug. 13, 2026). https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1939 (status via LegiScan)
Cite this data
Family Estate Guide, “Who Will Be Your Executor? 26 Million Older Americans Have No Spouse to Do the Job,” October 2026. https://familyestateguide.com/estate-planning-data/who-will-be-your-executor/
You’re welcome to reuse the table or map with a link back to this page. Census and FDIC data are public domain.
Published October 8, 2026 by Family Estate Guide. Data vintage: ACS 2024 1-year; County Business Patterns 2023; FDIC financials as of June 30, 2026. Laws checked Oct. 8, 2026. Editorial standards.