Same Sex Partner Died No Will

Your partner died without a will, and now you're discovering what "intestate succession" actually means. The short version: state law decides who inherits the probate estate, and the answer depends on your legal status and local law.

What Intestacy Laws Actually Do to Unmarried Same-Sex Partners

When someone dies without a valid will, their state's intestacy code kicks in. These laws create a priority list of heirs — and in most U.S. states, unmarried partners are not included in the default hierarchy. In those states, not at the bottom. Not anywhere.

The typical intestacy hierarchy runs: legal spouse, children, parents, siblings, nieces and nephews, more distant relatives. If your partner dies intestate and you were not legally married, an estranged mother or sibling may inherit assets held solely in your partner's name or your partner's share of jointly held property, subject to local law.

This isn't hypothetical. It happens routinely.

Married Same-Sex Couples: Strong Protections, One Major Catch

If you were legally married, you have automatic inheritance rights in every state. The specifics vary — some states give the surviving spouse the entire estate, others split it with children from a prior relationship — but marriage puts you at the top of the hierarchy.

The catch: if you married shortly before your partner died and were together for years before that, creditors or hostile family members may challenge the marriage's validity or timing. Keep your marriage certificate and any documentation of your relationship history in a safe place.

Unmarried Partners: The Legal Landscape by Country

United States: Most states do not provide automatic inheritance rights to unmarried cohabiting partners. A handful of states and cities recognize domestic partnerships that carry some inheritance rights, but the coverage is inconsistent and often limited.

Canada: Varies dramatically by province. British Columbia, Alberta, Manitoba, and Saskatchewan grant common-law partners inheritance rights after province-specific cohabitation periods. Ontario and Quebec provide zero automatic inheritance rights to unmarried partners — you must rely entirely on a will or a court claim.

United Kingdom: Cohabiting partners are excluded from intestacy rules entirely. Surviving partners must petition for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 within a strict, jurisdiction-specific timeframe. In Scotland, the window is six months from the date of death under the Family Law (Scotland) Act 2006.

Australia: Same-sex de facto partners can inherit under intestacy if they can prove the relationship existed continuously for at least two years. Evidence includes shared finances, joint utility accounts, and testimony from friends and family.

What You Can Do Right Now

If you're unmarried and your partner just died without a will, these steps matter immediately:

Gather evidence of your relationship. Joint leases, shared bank accounts, utility bills with both names, photos, correspondence, and statements from friends who knew you as a couple. This documentation is critical if you need to file a court claim.

Consult an estate attorney within the first week. Many jurisdictions have strict filing deadlines for inheritance claims by unmarried partners. In Scotland, missing the six-month window can end the claim permanently.

Do not remove anything from the shared home. If biological family members have legal standing as heirs, removing property — even things you purchased — can be treated as theft. Document everything, photograph the home, and keep receipts for anything you bought.

File a constructive trust or unjust enrichment claim if applicable. Some courts recognize that an unmarried partner who contributed financially to a property or asset has an equitable interest, even without a will. This requires proving your financial contributions — another reason to gather documentation immediately.

Prevent This From Happening to Someone Else

The most important thing you can do after navigating this crisis is make sure it never happens to another couple in your community. Estate planning for same-sex couples isn't optional — it's the difference between your partner inheriting your life together and a stranger inheriting it.

The Same-Sex Partner Bereavement Toolkit includes a Jurisdictional Rights Audit worksheet and an Estate Planning Action Log to help you and your partner document everything that matters — before it's needed.