The Coming Probate Storm: How America’s Demographic Shifts Are Reshaping Litigation Over Estates

America is on the brink of the largest generational turnover in history. Over 70 million baby boomers are retiring and becoming elders. By 2035, adults over 65 will outnumber children under 18 for the first time in U.S. history. And by 2040, about 20% of the population will be over age 75. 

Boomers control more than half of U.S. household wealth—an estimated $78 trillion. But they’re not just older and richer. They’re living longer, too. The average life expectancy now exceeds 78, and with it comes longer periods of cognitive decline, chronic illness, and family disagreement. Over the next decade, as mortality rates for boomers climb and estates transition, the courts will be flooded with contested probate matters.

At the same time, the housing market is under strain. Boomers are aging in place, tying up homes that younger families can’t access. When those properties eventually transfer, heirs may inherit not just assets but also years of resentment, mismatched expectations, and ambiguous legal paperwork. And as property values shift in a likely cooling market, disputes over who gets what will only intensify.

This is all fire kindling for litigation. Probate litigators already note a surge in fiduciary breaches, contested trusts, and real estate battles. Those prepared to navigate the coming storm will lead the field.

For more information see Steven Howard Malach “The Coming Probate Storm: How America’s Demographic Shifts Are Reshaping Litigation Over Estates,” ABA Probate and Property Journal, March 12, 2026.