Domestic partner
A legally registered relationship short of marriage. Whether it carries inheritance rights depends entirely on the state.
What it means
Some states register domestic partnerships or civil unions and give the partner some or all of the rights a spouse has. Others do not recognize the status at all.
The rights that matter after a death are the ones that arrive automatically: intestate inheritance, the elective share, the right to be appointed, and priority to make funeral arrangements.
A relationship registered in one state may not be recognized in another, which matters for a couple who moved.
Why it matters
Where a state does not recognize the relationship, a surviving partner may inherit nothing without a will and may not even be the person entitled to make decisions about the body.
It is the strongest argument for written documents there is: a will, a health care proxy and beneficiary designations do not depend on a state recognizing anything.
When you are likely to meet it
- When an unmarried partner dies.
- When a state's intestacy rules are being applied.
- When deciding who is entitled to be appointed.
How this varies by state
Whether a state recognizes a domestic partnership or civil union, and what rights it carries after a death, are set by state law and differ completely between states.
Below is how the states Sahvelo has published describe it, in their own words, each linked to the guide that sources it.
California
Surviving spouse / registered domestic partner
Under California Family Code §§297 and 297.5, a registered domestic partner has the same rights, protections, and benefits as a spouse. For vehicle-title-transfer purposes, the surviving spouse or registered domestic partner is treated identically (Prob. Code §6401; Veh. Code §165). On intestacy, the surviving spouse receives the decedent's share of community and quasi-community property plus a share of separate property per §6401.
Primary source (opens in a new tab) Cal. Prob. Code §6401, Cal. Fam. Code §297
Wisconsin
Domestic partner
In this context, a domestic partner as defined in Wis. Stat. § 770.01 — the definition form MV2300 points at. A surviving domestic partner has the same vehicle route as a surviving spouse: up to five solely owned vehicles, no title transfer fee, plates carried across, and the same personal liability for the deceased's debts to the extent of the value of the vehicles.
Primary source (opens in a new tab) Wisconsin DMV Form MV2300