Cohabitation & Inheritance in Washington: Protecting Your Partner’s Rights

Living together without marriage? Here’s what unmarried couples need to know about inheritance rights in Washington State.

The Hard Truth About Unmarried Partners and Inheritance

Many couples are shocked to learn that after years—even decades—of building a life together, Washington’s intestate succession laws provide no automatic inheritance rights for unmarried partners. When one partner dies without proper planning, the surviving partner could lose:

The home you shared
Joint bank accounts
Family heirlooms
Retirement benefits

3 Essential Protections Every Unmarried Couple Needs

1. A Valid Will: Your First Line of Defense

A properly executed will is the simplest way to ensure your partner inherits what you intend. In Washington:

Must be in writing and signed by you (RCW 11.12.020)
Requires two competent witnesses
Can be changed anytime while you’re mentally competent.

Real-life example: After 15 years together, Mark assumed he’d inherit his partner’s Seattle condo. Without a will, it went to estranged siblings instead.

2. Cohabitation Agreements: The Unmarried Couple’s Safety Net

These legally binding contracts can address:

✔ Property ownership during the relationship
✔ Inheritance rights after death
✔ Financial responsibilities while living together

Key benefit: Courts generally uphold these agreements if properly drafted, giving unmarried couples similar protections to prenups.

3. Payable-on-Death Designations: The Quick Fix.

For specific assets, you can name your partner as beneficiary:

Bank accounts (TOD/POD designations)
Retirement accounts and life insurance
Vehicles and real estate (through transfer-on-death deeds)

Special Considerations for Blended Families

If you have children from previous relationships:

Washington law reserves portions of your estate for biological children
Without a will, children may inherit assets you intended for your partner
Trusts can help balance these competing interests

The Nightmare Scenario: Dying Without a Plan

Under Washington’s intestate succession laws (RCW 11.04.015), without proper documentation:

Your children get everything (even adult children you haven’t spoken to in years)
If no children, your parents inherit
If no living parents, siblings get your assets
Your life partner? Nowhere in this list

Remember: Love doesn’t automatically translate to legal protection in Washington. A few hours of planning today can prevent years of heartache and financial hardship for your partner tomorrow. Your shared life deserves proper legal recognition—make it official before it’s too late.