top of page

National Estate Planning Awareness Week 2025: The Science of Procrastination in Estate Planning

A person with a backpack stands on rocky terrain, gazing at a tall, sunlit mountain peak under a clear blue sky.

🐌 What's really the hangup?


Estate planning—the crucial process of deciding how your assets will be managed and distributed after you pass away—is something almost everyone agrees they should do. It also involves a lesser known, yet equally, if not more important, need for incapacity planning in case of emergency. Yet, for many, it sits stubbornly at the bottom of the to-do list, year after year. Why the massive delay? It turns out, the "hangup" isn't a lack of discipline; it's a fascinating interplay of psychology and cognitive biases that makes tackling this task uniquely difficult.


🧠 Procrastination: The Cognitive Roadblocks to Estate Planning


Procrastination, in a scientific sense, is the voluntary delay of an intended course of action despite expecting negative consequences. When it comes to estate planning, several psychological phenomena conspire to fuel this delay:


Woman with eyes closed, touching temples, appears stressed. Dark clothing, neutral background with blurred circular object. Calm setting.

1. Present Bias (Hyperbolic Discounting)


Our brains are wired for the here and now. Present bias is the tendency to value immediate rewards and costs much more heavily than future ones.

  • The Problem: Estate planning requires immediate effort (finding a lawyer, gathering documents, making tough decisions) for a benefit that is distant and uncertain (peace of mind, preventing family conflict after death). Our brain chooses the easy path: avoiding the immediate, unpleasant task.

  • Estate Planning Effect: The immediate 'pain' of doing the paperwork outweighs the distant 'gain' of a complete plan. We think, "I'll do it next month, nothing bad will happen in the meantime."


2. The Fear of Death (Mortality Salience)


Let's face it: estate planning is inextricably linked to thinking about your own death. Researchers call this mortality salience.

  • The Problem: Directly confronting our own mortality triggers anxiety and defense mechanisms. One common mechanism is to push the thought away, to "deny" its relevance in the present moment.

  • Estate Planning Effect: The act of writing a will or trust makes the abstract idea of death concrete. Procrastinating the task is, subconsciously, a way of procrastinating death itself.


3. Ambiguity Aversion (The Messy Middle)


Estate planning isn't a simple, clear-cut task; it involves complex financial and familial decisions. Ambiguity aversion describes our preference for known risks over unknown risks.

  • The Problem: Many people don't know where to start, what documents they need, or how to fairly divide assets. This ambiguity creates a sense of overwhelm.

  • Estate Planning Effect: Instead of diving into the "messy middle" of figuring out trusts, guardianship, and beneficiaries, we default to inaction. The brain prefers the known state (doing nothing) over the unknown process (starting the plan).


4. Planning Fallacy


We are notoriously poor at estimating how long tasks will take, especially those we've never done before. The planning fallacy is the tendency to underestimate the time and resources required to complete a future task.

  • The Problem: People often think estate planning will take one quick meeting, only to realize the extent of the necessary information gathering and decision-making.

  • Estate Planning Effect: We keep putting it off because we falsely believe we can knock it out in a spare weekend, and since we don't have a spare weekend right now, it waits indefinitely.


Woman in a blue patterned shirt daydreams on a balcony, holding a pen. She sits at a table with a laptop and looks thoughtful.

✅ How to Hack Your Brain and Beat the Delay


Understanding the science is the first step; now for the solution. You can outsmart your procrastinating brain with a few simple techniques:

Cognitive Bias

Technique to Overcome

Actionable Step

Present Bias

Temporal Chunking: Break the task into tiny, immediate, low-effort steps.

Schedule a 15-minute block to research three estate planning attorneys. That's all.

Mortality Salience

Focus on the Present Good: Reframe the purpose of the plan.

Focus on the gift of security you're giving your living family, not the act of your death.

Ambiguity Aversion

Define the First Step: Clarify the initial, smallest action.

Instead of "Do my will," make the task "Find all account passwords and asset locations."

Planning Fallacy

Schedule the Next Step: Make the task recurring, not a one-time event.

Schedule "Estate Planning Prep (30 min)" weekly until the lawyer meeting is booked.


The bottom line? You're not lazy; you're human. Your brain is trying to protect you from difficult thoughts and immediate effort. Recognize the psychological game, break the process into manageable, less threatening steps, and remember the immediate reward is the profound peace of mind that comes with knowing you've protected the people you love. Go ahead—schedule that first 15-minute task right now. Your future self (and your family) will thank you.


Legal Disclaimer: This article is for informational purposes only. Nothing in this article or this site should be considered legal advice.

Comments


HELPFUL LINKS

*This site is for informational purposes only. The use of this site does not constitute legal advice nor does it create an attorney-client relationship. By submitting your contact details, you are only requesting information. Any initial phone or video calls, or electronic mail queries will be screened by Relate Law to determine if a potential relationship will be formed. Use of any form on this website does not provide any confidentiality. Please do not submit any confidential information through this site. This website lists areas in which the firm practices law but there is no claim of expertise or board certification in any particular areas. Relate Law is not associated with any third parties and any links or references to third party sites are provided for informational purposes only. Relate Law has no control or management over the accuracy of any information that appears on third party sites nor does it claim ownership of such information. Relate Law, APC is licensed to practice in California.

© 2025 by RELATE LAW, APC. All Rights Reserved. 

6320 Canoga Avenue,15th Floor

Woodland Hills, California 91367

bottom of page