Can an unmarried partner inherit without a will? In most cases, the honest answer is no. Every state has a default set of rules for when someone dies without a will. These rules are called “intestate succession.” Intestate simply means “without a will.
” The rules send property to a spouse and blood relatives, such as children, parents, and siblings. A partner you lived with for years, even decades, is not on that list. That can come as a painful shock during an already hard time. However, there are some important exceptions. There are also steps couples can take now so this never becomes a problem.
Can an Unmarried Partner Inherit Without a Will Under State Law?
State intestacy laws are written around marriage and family ties. For example, the Uniform Probate Code’s intestate succession rules give a surviving spouse the first share. Under UPC § 2-102, a spouse can receive the whole estate in many cases. Next come children, then parents, then brothers and sisters. A partner who was never legally married to the person who died gets nothing under these default rules.
This is true no matter how long you were together. It is also true if you shared a home, raised children together, or paid the bills together. If no relatives can be found at all, the estate typically goes to the state. This is called “escheat.” As a result, the state can end up with property before a longtime partner does.
Probate is the court process that settles a person’s estate. In probate, the judge follows the state’s intestacy rules exactly. A judge generally cannot make an exception because a relationship felt like a marriage.
The Exceptions: When a Partner May Still Receive Property
So can an unmarried partner inherit without a will in any situation? Yes, in a few specific ones. The first is common-law marriage. A handful of states still let couples form a legal marriage without a license. Typically, the couple must agree they are married and present themselves as married. Living together alone is not enough.
For example, Texas Family Code § 2.401 recognizes “informal marriage.” Colorado, Iowa, Kansas, Montana, Rhode Island, Utah, and Washington, D.C. also recognize common-law marriage in some form. New Hampshire is unusual. Under RSA 457:39, it recognizes a couple as married only for inheritance, and only after 3 years of living together. If a valid common-law marriage existed, the partner inherits as a legal spouse.
The second exception is a registered domestic partnership or civil union. In California, registered domestic partners have the same inheritance rights as spouses under Family Code § 297.5. New Jersey, Illinois, Hawaii, Colorado, and a few other states offer similar legal statuses. The third exception is property that passes outside probate altogether, as shown below.
| How property passes | Can the partner receive it without a will? |
|---|---|
| Intestate succession (no will) | No, unless legally married or registered partners |
| Common-law marriage (recognized states) | Yes, as a legal spouse, if the marriage is proven |
| Joint tenancy with right of survivorship | Yes, the surviving owner takes the whole property |
| Life insurance or retirement account beneficiary | Yes, if the partner is the named beneficiary |
| Payable-on-death (POD) or transfer-on-death (TOD) accounts | Yes, if the partner is named |
Taxes Can Hit Unmarried Partners Harder
Even when a partner does receive property, taxes can take a bigger bite. Married couples can leave each other unlimited amounts free of federal estate tax. Unmarried partners cannot. However, the federal estate tax exemption is $15 million per person for 2026, according to the IRS. As a result, most families will never owe federal estate tax.
State inheritance taxes are a bigger concern. For example, Pennsylvania taxes transfers to unrelated heirs at 15%. New Jersey taxes “Class D” heirs, including unmarried partners, at 15% on the first $700,000 and 16% above that. Kentucky and Nebraska also tax non-relatives at higher rates. In these states, an unmarried partner can inherit without a will and still owe tax on joint or beneficiary property.
What to Do Next, Whether Planning Ahead or Grieving Now
If your partner has already passed, take a breath first. Then gather any account statements, deeds, and insurance policies. Check who is named as owner or beneficiary. These assets may pass to you directly, without court. Next, ask whether your state recognizes common-law marriage or your registered partnership.
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You may also have a claim if you were owed money. For example, you may have paid toward a house titled only in your partner’s name. Under UPC § 3-801, creditors typically have 4 months after the first published notice to file claims. Deadlines vary by state, so check with your state’s probate court or a licensed attorney quickly.
If you are planning ahead, the steps are simple. Write a will. Name your partner as beneficiary on retirement accounts and life insurance. Add POD or TOD designations to bank and brokerage accounts. Many states also allow transfer-on-death deeds for a home. Doing this means the question of whether an unmarried partner can inherit without a will never has to come up.
Frequently Asked Questions
Can an unmarried partner inherit without a will if we lived together for 20 years?
In most cases, no. Time together alone does not create inheritance rights. However, you may qualify if your state recognizes common-law marriage and you meet its rules.
Can my partner’s family take our house if they die without a will?
It depends on how the deed is titled. If you own it as joint tenants with right of survivorship, it typically becomes yours automatically. However, if only your partner’s name is on the deed, it generally goes to their legal heirs.
Can an unmarried partner be the executor or administrator?
An executor is the person a will names to settle an estate. Without a will, courts typically appoint an administrator, giving priority to spouses and relatives. As a result, a partner usually needs the heirs’ written consent or a court’s approval to serve.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified September 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.