Unmarried couples face many challenges if one partner dies because many of the protections that have been created for traditional families do not apply. These challenges put at risk a lifetime built together. The surviving partner risks losing their home they live in, retirement benefits they relied on, vehicles they shared, or any asset that may be titled in the deceased partner’s name.
But there is hope. Washington law recognizes that unmarried partners can contribute to a shared life in meaningful, ways that deserve protection just like a formal marriage. While the surviving partner cannot inherit without a Will, they can claim their portion of shared property through the Committed Intimate Relationship doctrine in Washington State even if nothing was formalized before death.
This process can be more complex than a traditional probate, but it does allow surviving partners some protection from claims from extended family members.
Even better, unmarried couples can prevent these conflicts entirely with thoughtful estate planning. A will, trust, updated beneficiary designations, and clear agreements about property ownership can protect the surviving partner’s home, finances, and caretaking role with far more certainty than relying on litigation. Understanding your options now gives you control over the future—and protects your loved one from uncertainty later.
For more general information visit our page Unmarried Couples: Committed Intimate Relationships (CIRs) in Washington
For more information about estate planning, see our page Estate Plans in Washington State
Understanding Inheritance Risks for Unmarried Partners
What inheritance rights do unmarried partners have in Washington?
Unmarried partners are not heirs under Washington’s intestacy laws, but they may still have a quasi-community property interest in assets acquired during the relationship. To secure that share, the surviving partner must assert their rights in probate.
Can an unmarried partner inherit property automatically if one partner dies?
No. Nothing passes automatically unless there is a will, trust, or beneficiary designation. However, the surviving partner may claim a share of property that would have been community property had the couple been married, as recognized in Olver v. Fowler, 168 Wn.2d 348 (2007).
What happens if an unmarried partner dies without a will?
Probate assets pass to the deceased partner’s legal relatives, not the surviving partner. The surviving partner must file a probate petition to establish their quasi-community interest or risk being excluded entirely.
Does a long-term relationship or CIR give inheritance rights?
A Committed Intimate Relationship (CIR) does not create automatic inheritance rights, but it can allow the surviving partner to claim an equitable share of community-like property—but only if they proactively establish the CIR in probate.
Can family members challenge an unmarried partner’s claim to property?
Yes. Because unmarried partners are outside intestacy, relatives often contest CIR claims, quasi-community claims, and even personal belongings unless the deceased left clear documents.
Protecting Each Other Through Estate Planning
What estate planning documents should unmarried partners have?
Unmarried partners typically need a will, durable powers of attorney, a healthcare directive, and updated beneficiary designations to create rights the law does not provide automatically. But they may also benefit from a living trust or other estate planning tools.
Why is a will especially important for unmarried partners?
A will is the only clear way to transfer probate property to a partner who is not an heir. Without one, the surviving partner must litigate for any share they hope to receive.
Should unmarried partners use beneficiary designations to transfer property?
Yes—beneficiary designations are one of the strongest tools for unmarried couples because they bypass probate. But they must be kept current and coordinated with the overall estate plan.
How can unmarried couples use life insurance to protect each other financially?
Life insurance replaces lost income, secures housing, and ensures stability for the surviving partner. Naming each other as beneficiaries avoids probate disputes and bypasses intestacy completely.
What happens to retirement accounts like a 401(k) or IRA when an unmarried partner dies?
Retirement accounts transfer to the named beneficiary. If no beneficiary is listed, the account becomes part of the probate estate and passes to legal relatives—not the partner.
Can unmarried partners name each other as beneficiaries on pensions or employer benefits?
Often yes, but some plans require formal spousal-style declarations or have default rules favoring relatives. Reviewing all employment benefits is essential.
How can unmarried couples make sure the surviving partner can stay in the home?
Tools such as wills, transfer-on-death deeds, life estates, and trusts can protect housing for the surviving partner. Without planning, the home may pass to relatives who can force a sale.
Can unmarried partners use trusts to protect property or avoid conflict?
Trusts offer privacy, probate avoidance, and a clear expression of intent, making them a powerful tool to avoid disputes and preserve property rights.
What happens if family members try to remove or replace me in my partner’s estate plan?
If documents are not clear, family members may pressure or influence the partner late in life. Strong planning—supported by independent counsel—helps prevent changes made under duress or confusion.
Medical and End-of-Life Authority
Can unmarried partners make medical decisions for each other?
Not without written authority. Hospitals typically defer to legal relatives unless the partner is named in a medical power of attorney or healthcare directive.
What documents give partners authority in a medical emergency?
A durable medical power of attorney and a HIPAA release allow partners to receive updates, access records, and make decisions.
Can an unmarried partner access medical records or receive updates without permission?
Generally no. Privacy laws prevent access unless the partner has signed authorization.
How can couples plan ahead for incapacity or long-term care?
Powers of attorney, long-term care planning, and updated beneficiary choices give partners the tools to support each other without relying on family intervention.
Protecting Children and Blended Families
How can unmarried parents ensure the surviving partner has rights to the child?
If the surviving partner is already a legal parent, they keep full parental rights regardless of marital status. If they are not a legal parent, a will or guardianship nomination can express the deceased partner’s wishes, but the surviving biological parent’s rights come first and will override any nomination. For unmarried, non-biological parents, the most secure way to protect the relationship is through adoption or de facto parentage, which can legally establish parent status before anything happens.
What estate planning documents protect children from accidental disinheritance?
Wills, trusts, and beneficiary designations prevent assets from bypassing children or being caught in disputes with extended family.
How does a parent ensure their partner can raise the child if something happens?
A will or guardianship nomination can express your wishes, but it cannot override the rights of the child’s other legal parent, who has priority under Washington law. If there is no other legal parent, a nomination carries weight but can still be challenged. For unmarried partners who are not already legal parents, the most reliable tools are second-parent adoption or de facto parentage, which establish a legal parent-child relationship before anything happens.
What if only one partner is the legal parent of the child?
If only one partner is a legal parent, the other partner has no automatic rights, even after years of caregiving. To protect the relationship, the non-parent partner should pursue de facto parentage if the legal elements are met or a second-parent adoption when possible. Without securing legal parent status, custody can default to surviving biological relatives—regardless of the family’s intentions.
Property Ownership and Transfer Planning
What happens to a shared home if only one partner is on the title?
Title controls ownership by default, but that does not mean the surviving partner is unprotected. In Washington, an unmarried partner may still claim their quasi-community property share or assert CIR-based equitable rights to the home if it was acquired or maintained through shared effort. With the right evidence—and ideally with advance planning such as a will, trust, or co-ownership agreement—the surviving partner can often preserve their interest and remain in the home.
Should unmarried couples own property jointly, separately, or through a trust?
Each structure has advantages. Joint title ensures automatic survivorship, separate title protects individual assets, and trusts provide the most flexible and dispute-resistant approach.
Can partners avoid probate with joint ownership or transfer-on-death deeds?
Yes. These tools transfer property directly to the surviving partner, but must be used intentionally because they override will provisions and other planning structures.
Do beneficiary designations override a will?
Yes. Retirement plans, bank accounts, and insurance policies follow their beneficiary forms even if the will says something different.
How can couples plan for unequal contributions to a home or investment?
Cohabitation agreements, ownership agreements, and coordinated estate planning can document unequal contributions and still protect the surviving partner.
What if retirement or insurance paperwork conflicts with someone’s will?
Beneficiary forms usually control, and courts rely on them unless there is evidence of fraud, mistake, or undue influence.
Preventing Disputes and Family Conflict
How can unmarried partners prevent family members from disputing their wishes?
Clear, consistent documents—wills, trusts, and beneficiary forms—reduce ambiguity and make challenges less likely.
Can a partner be written into a will without causing legal challenges?
Yes. Intentional, well-drafted planning makes it harder for relatives to claim the partner was improperly included.
How does documenting intent reduce the risk of litigation after death?
When intentions are explicit, courts have far less room to interpret financial behavior or family relationships, lowering the risk of disputes.
Can an unmarried partner challenge a will that leaves them out?
Yes—partners may challenge a will based on undue influence, lack of capacity, fraud, or mistake. They may also assert their quasi-community property rights regardless of the will’s terms.
What if my partner promised to leave me something but never updated their documents?
Verbal promises are rarely enforceable, but the partner may pursue equitable remedies—such as constructive trusts—or assert CIR-based rights in probate.
Can a court award me my quasi-community share even if the will excludes me?
Yes. Washington courts may divide property that would have been community property had the couple been married, as recognized in Olver v. Fowler, 168 Wn.2d 348 (2007).
When to Speak With an Attorney
When should unmarried couples create or update an estate plan?
Before moving in together, before major purchases, when children are involved, or whenever long-term financial partnership is expected.
What should someone expect when working with Pacific Northwest Family Law on an estate plan?
Clients receive clear explanations, coordinated documents, and a plan designed to protect each partner’s rights—giving unmarried couples the security and stability married couples receive automatically under the law.
Protecting Each Other When it Matters Most
Losing a partner is painful enough without facing uncertainty about your home, your finances, or the life you built together. But unmarried partners in Washington are not without protection. Washington law allows partners to claim their share of property built through shared effort, and careful planning can ensure your wishes are honored without conflict.
Wills, trusts, beneficiary designations, guardianship arrangements, and co-ownership agreements transform uncertainty into clarity and give both partners confidence that the life they built together will be protected.
These conversations can feel uncomfortable, but they are acts of love and stability. Planning ahead reduces the burden on the surviving partner, prevents disputes with relatives, and ensures that children, homes, and financial security remain protected.
Whether you want to secure your partner’s right to stay in the home, ensure they receive your retirement or insurance benefits, or formalize your role with the children, the right plan gives you options and peace of mind.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, November 2025.