Estate Planning for Unmarried Couples in New York: The Law Will Not Protect Your Partner Unless You Do

If you and your partner share a life in New York but have not married, there is something you need to know: the law does not recognize your relationship the way it recognizes a marriage. New York does not have common-law marriage, so no matter how long you have been together or how committed you are, your partner has no automatic right to inherit from you, to make your medical decisions, or to manage your finances. The reassuring news is that a handful of documents can give your partner the protection the law withholds by default.

Without a Will, Your Partner Inherits Nothing

This is the hardest truth for unmarried couples. Under New York’s intestacy rules in EPTL Article 4, assets pass to a spouse and blood relatives. An unmarried partner is not on that list at all. If you die without a will, your home, savings, and belongings could go to relatives you are not close to, while your partner of many years receives nothing and may even have to leave a shared home. A will under EPTL 3-2.1, signed with two witnesses, is what makes your partner your chosen heir. Without it, your wishes have no legal force.

Protect Your Partner’s Right to Make Decisions

If you are hospitalized and cannot speak for yourself, who decides your care? Unless you have a health care proxy under PHL Article 29-C naming your partner, New York’s surrogate decision-making rules typically turn to a spouse or family member, and your partner may be shut out of the room entirely. Likewise, a durable power of attorney under GOL 5-1513 is what lets your partner handle finances and pay shared bills during an illness. For unmarried couples, these two documents are not optional; they are the difference between standing beside your partner and standing in a courthouse.

Use a Trust and Joint Ownership Wisely

A revocable living trust under EPTL Article 7 lets you leave assets to your partner outside of probate, privately and without the delays of Surrogate’s Court under the SCPA. For a shared home, holding title as joint tenants with right of survivorship means the property passes directly to the surviving partner. These tools, used together, can ensure your partner stays in your home and has access to the resources you intended.

Beneficiary Designations Are Your Friend

Retirement accounts, life insurance, and payable-on-death accounts pass directly to whoever you name, bypassing both intestacy and probate. For unmarried New York couples, naming each other on these accounts is one of the simplest and most reliable ways to provide for one another. Review them and make sure an old beneficiary, perhaps from before this relationship, is not still listed.

A Note on New York Estate Tax

Unmarried partners do not get the unlimited marital deduction that spouses enjoy, so transfers between you may be more exposed to estate tax. For 2026, New York exempts estates up to $7,350,000, with a cliff that taxes the whole estate once it exceeds $7,717,500. Couples with significant assets should plan with this in mind.

Talk to a New York Attorney

Because New York offers unmarried couples so little by default, your documents are everything. A New York estate planning attorney can build a plan that gives your partner the security and standing you intend. This article is general information, not legal advice; please consult a licensed New York attorney about your relationship and goals.