Estate Planning For Unmarried Couples

For unmarried couples, building a life together doesn’t come with the same legal protections as marriage. Without an estate plan, your partner may be left out of critical decisions, from medical care to inheritance. Planning ahead is the key to protecting your rights, your assets, and each other. Learn the basics of estate planning for unmarried couples below. 

What happens when your unmarried life partner dies without a will?

When an unmarried life partner dies without a will, the law doesn’t recognize the relationship in the same way it does for married couples. That means you typically won’t have any legal claim to their assets—no matter how long you were together or what you shared. Their estate will be distributed according to state law (called intestacy law), which usually prioritizes biological family, not partners. 

Without a will in place, you could also be excluded from making funeral arrangements or accessing shared property. If you lived in a home that was solely in your partners’ name, you may even be forced to move. Their assets will go through probate, and you will not have a say in the process, since you are not married or considered “kin.”

Why Unmarried Couples Need Estate Planning Protection

Unmarried couples need estate planning protection because—unlike married couples—there aren’t built-in legal protections associated with the relationship. Without legal documentation, you likely won’t be allowed to manage accounts, pay bills, or make medical decisions on their behalf (even in an emergency). Estate planning ensures you are both protected, and your shared life is respected by the law.

What is the best trust for an unmarried couple?

For unmarried couples, a Revocable Living Trust is often the best option. It allows both partners to jointly manage and protect shared assets while ensuring they’re passed on according to your wishes, without going through probate. You can name each other as trustees and beneficiaries, giving you legal authority over finances, property, and health care decisions if one of you becomes incapacitated or passes away. A Revocable Living Trust offers more privacy, flexibility, and continuity when compared to a simple Last Will and Testament. 

Inherited Property and Benefits for Unmarried Couples

Inherited property refers to assets passed down after someone’s death—this can include real estate, bank accounts, investments, vehicles, or personal possessions. For unmarried couples without an estate plan, there are no benefits to inherited property. This can lead to painful disputes, delays, or the loss of shared assets if the family doesn’t honor your relationship. Even if you lived together for decades or shared major purchases, your partner may not inherit anything unless you’ve clearly documented your wishes through legal estate planning tools.

Can unmarried couples have joint ownership of property?

Yes, unmarried couples can have joint ownership of property. The most common ways are through Joint Tenancy with Right of Survivorship or Tenants in Common. 

With Joint Tenancy, both partners own the property equally, and if one partner passes away, the other automatically inherits the full ownership (no probate required). With Tenants in Common, each person owns a specific share of the property, which does not transfer automatically and can instead go to whomever is named in a will or trust.

Retirement and Estate Planning Challenges for Unmarried Couples

Without the automatic legal protections of marriage, unmarried couples may face several retirement and estate planning challenges: 

• Unclear next of kin: In emergencies or after a death, hospitals and courts may turn to family members, bypassing the partner entirely during medical decisions or end-of-life care.

• Limited retirement benefit access: Pensions, Social Security, or employer-sponsored benefits may not be transferable to a non-spouse without specific designations.

• Complicated real estate ownership: Co-owning property without clear legal documentation can lead to disputes or forced sales if one partner passes.

• Higher tax exposure: Unmarried partners aren’t eligible for the same federal estate tax exemptions as married couples.

• Guardianship and caregiving limitations: Partners may be denied the ability to act as guardian for minor children or even care for each other without proper legal authority.

• Family conflict and legal challenges: In the absence of clear legal documents, surviving partners may face disputes from family members or even eviction.

• Gaps in digital and financial access: Partners may be locked out of financial accounts, insurance policies, or digital assets if not explicitly named.

Steps Unmarried Couples Should Take for Estate Planning

With the right estate plan, unmarried couples can safeguard each other’s rights, wishes, and legacy. Here are the essential steps to get started: 
1. Create a Will or Trust: A will  outlines your wishes and names beneficiaries. A trust adds privacy and helps avoid probate, ensuring a faster, smoother transfer of assets.

2. Name Each Other as Beneficiaries: Update your retirement accounts, life insurance policies, and other financial tools to list your partner as a beneficiary. This simple step can prevent costly delays.

3. Set Up Power of Attorney: Give your partner legal authority to handle financial matters if you’re unable to. Without it, they could be shut out of critical decisions.

4. Complete a Health Care Directive: Name your partner as your health care proxy and outline your medical wishes. This includes creating a Living Will and HIPAA Authorization to ensure they can access your records and advocate for you.

5. Consider a Cohabitation Agreement: If you live together or share major assets, a cohabitation agreement helps define how property and responsibilities are handled—both now and in the future.

6. Store Your Documents Securely: Use a secure, centralized place—like our Digital Vault—to store your estate plan, financial records, and health care documents. Your partner should know how to access them.

7. Review and Update Often: Revisit your plan every few years or after major life changes. 

What happens if you don't have a will or estate plan?

If you don’t have a will or estate plan, state laws will decide who inherits your assets. As mentioned above, unmarried partners are not typically recognized. That means your home, savings, and even personal belongings could go to your distant relatives instead of the person you share your life with. 

Medical emergencies are another critical area. Without documents like a Health Care Directive or HIPAA Authorization, your partner may be excluded from making decisions about your care or even accessing information about your condition. Financial accounts could be frozen, and without Power of Attorney, your partner might be powerless to step in during a crisis.

Even with the best intentions, the law simply doesn’t assume your partner has a role in your life unless it’s documented. That’s why estate planning for unmarried couples isn’t just a legal formality—it’s how you protect each other, make your wishes known, and ensure your relationship is honored, no matter what. At Trust & Will, we make it easy to create a customized estate plan that reflects your relationship. 

At Trust & Will, we keep things simple. You can create a fully customizable, state-specific estate plan from the comfort of your own home. Take our free quiz to see where you should get started, or compare our different estate planning and settlement  options today!

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Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.