New York does not recognize common-law marriage, and its intestacy laws make no provision for an unmarried partner, no matter how long you have been together. That single fact reshapes everything: for unmarried couples, estate planning is not optional, it is the only way the law will recognize your relationship. Here is how the available tools compare.
The Default Excludes Your Partner Entirely
If you die without a will, EPTL Article 4 distributes your estate to legal relatives, parents, siblings, or more distant kin, and your partner inherits nothing. There is no spousal right of election to fall back on, because that protection under EPTL §5-1.1-A applies only to legal spouses. Your partner could also be shut out of your hospital room and your finances during a crisis. Unmarried couples carry more legal risk from inaction than almost anyone else.
Option 1: A Will
A will under EPTL §3-2.1 is the essential first step. It is the document that lets you leave assets to a partner the law would otherwise ignore, and name them as executor. Be aware that a will passes through probate in the Surrogate’s Court under the SCPA, where your legal relatives must be notified and could contest it. Clear drafting and proper witnessing under New York’s formalities help the will withstand a challenge from relatives who expected to inherit.
Option 2: A Revocable Living Trust
For many unmarried couples, a revocable living trust under EPTL Article 7 is the stronger choice. Assets in the trust pass to your partner privately and outside probate, reducing the chance that estranged relatives can interfere or contest in open court. A successor trustee can also step in immediately if you are incapacitated. A revocable trust does not reduce New York estate tax (the 2026 exclusion is $7,350,000, with a cliff above $7,717,500) and offers no marital deduction, since you are not married, but its privacy and probate avoidance are especially valuable here.
Option 3: Joint Ownership and Beneficiary Designations
Owning a home as joint tenants with right of survivorship lets it pass automatically to your partner, and naming your partner as beneficiary on retirement accounts and life insurance moves those assets directly to them outside probate. These are simple, effective tools for couples without the protections marriage provides, but each must be set up intentionally; the law will not do it for you.
The Documents That Matter During Life
Because your partner is not a legal next of kin, they have no automatic authority if you are incapacitated. A durable power of attorney under GOL §5-1513 lets your partner manage your finances, and a health care proxy under PHL Article 29-C lets them make medical decisions and ensures hospital access. For unmarried couples, these two documents are not extras, they are the difference between being involved and being shut out.
Comparing the Plan
An unmarried couple’s plan typically layers several tools: a will to direct assets, a revocable trust for privacy and probate avoidance, joint titling and beneficiary designations for key assets, and a power of attorney plus health care proxy naming each other. Because the law gives you no default protection, each piece must be deliberate.
Consult a New York Estate Planning Attorney
Without marriage, only documents you sign will protect your partner under New York law. An experienced New York estate planning attorney can compare these tools and build a plan that holds up against potential challenges. This article is general information, not legal advice; consult a licensed New York attorney.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.