Unmarried Partners and Inheritance in North Carolina: What You Need to Know

The Legal Reality Unmarried Couples Must Face

North Carolina does not recognize common-law marriage. If you and your partner have lived together for decades, raised children together, shared expenses, built a life together, and one of you dies without a will, the surviving partner inherits nothing under NC law. Not the house you shared. Not the bank accounts you built together. Not the personal belongings that filled your home.

This is not a theoretical risk. It happens to real families in North Carolina every year. A surviving partner who contributed to mortgage payments for twenty years discovers they have no legal claim to the home because only the deceased’s name was on the deed. Adult stepchildren they helped raise file claims to property the couple considered “theirs.” The surviving partner is left navigating a legal system that, from its perspective, treats them as a stranger to the deceased.

The purpose of this article is not to cause alarm but to be direct: if you are in an unmarried partnership in North Carolina, the law provides you with zero automatic protections. However, with proper planning, you can create protections that are just as strong as, or stronger than, what married couples receive automatically. The key is understanding the gap and taking deliberate steps to close it.

Afterpath provides North Carolina families with guided, step-by-step estate settlement tools, including an AI-powered Pathfinder assistant, NC-specific compliance tracking, document management, and task automation. Whether your family fits a traditional mold or not, Afterpath helps you navigate the probate process and protect what matters most.

Why NC Law Leaves Unmarried Partners Unprotected

North Carolina’s intestate succession laws, the rules that determine who inherits when someone dies without a will, are built entirely around legal marriage and blood relationships. Under NC intestate succession, property passes in a specific order:

1. Surviving spouse (legally married)
2. Children and descendants
3. Parents
4. Siblings and their descendants
5. More distant relatives

An unmarried partner does not appear anywhere in this hierarchy. It does not matter how long you lived together, whether you had children together, whether you shared finances, or whether everyone in your community considered you a couple. Without a legal marriage, the surviving partner has no statutory inheritance rights.

No common-law marriage exception: Some states recognize common-law marriages, partnerships that are treated as legal marriages after a certain period of cohabitation and mutual agreement. North Carolina is not one of them. NC will recognize a common-law marriage that was validly established in another state that permits them, but you cannot create a common-law marriage by living together in North Carolina regardless of duration.

No domestic partnership statute: As of 2026, North Carolina does not have a statewide domestic partnership or civil union statute that would grant inheritance rights to registered partners.

What This Means in Practice

Consider a scenario: Sarah and David have lived together in Raleigh for 15 years. They share a home titled only in David’s name (he bought it before they met and never added Sarah). They have joint checking and savings accounts but David’s investment accounts list his sister as beneficiary. David dies suddenly without a will.

Under NC intestate succession:

• The house: Passes to David’s children from a prior marriage, or if none, to his parents or siblings. Sarah has no claim.
• Joint bank accounts: These pass to Sarah by right of survivorship (because they are jointly titled), but only if they were set up with survivorship rights.
• David’s investment accounts: Pass to the named beneficiary (his sister), regardless of Sarah’s relationship with David.
• David’s personal property: Passes through intestate succession to blood relatives. Sarah could potentially claim items she can prove she owned independently, but shared property becomes contested.

Sarah could find herself without a home, without savings, and without legal standing to challenge any of it, after 15 years of partnership.

The Will: Your Most Important Protection

The single most important step any unmarried partner can take is creating a valid will that explicitly names the surviving partner as a beneficiary. A properly drafted and executed will overrides intestate succession and directs property to whomever you choose, including an unmarried partner.

NC will requirements:

• The testator (person making the will) must be at least 18 years old and of sound mind
• The will must be in writing
• The will must be signed by the testator (or by someone at the testator’s direction, in the testator’s presence)
• The will must be witnessed by two competent witnesses who sign in the testator’s presence

Specific considerations for unmarried partners:

1. Be explicit: Name your partner specifically and state your intention clearly. “I leave my residence at [address] to my partner, [full legal name]” is unambiguous.

2. Anticipate challenges: Blood relatives who feel entitled to an inheritance may contest the will. Consider including a “no-contest” clause (also called an in terrorem clause), which states that anyone who challenges the will forfeits their inheritance. While NC courts enforce these clauses, they are not absolute deterrents.

3. Explain your reasoning: While not legally required, a brief statement in the will explaining your relationship and your intentions can provide context that strengthens the will against challenges. “I have lived with [partner’s name] for [X] years as life partners, and it is my express intention to provide for them as I would a spouse.”

4. Update regularly: If your relationship changes, your will should change. An outdated will naming an ex-partner is a common source of unintended consequences.

5. Use an attorney: While NC allows handwritten (holographic) wills, a will drafted by an attorney is harder to challenge and more likely to be executed correctly. For a discussion of when attorney involvement makes sense, see our comparison of DIY probate vs. hiring an attorney.

The Elective Share Problem

NC law gives a surviving spouse the right to claim an “elective share” of the deceased spouse’s estate, even if the will leaves them nothing. This right does not extend to unmarried partners, which actually works in your favor if you want to leave everything to your partner: there is no elective share claim from a legal spouse that could override your wishes (because there is no legal spouse).

However, if either partner has been previously married and has not updated their estate plan, a current legal spouse (even one separated from) could claim an elective share that reduces what passes to the unmarried partner. Ensure all prior marriages are legally dissolved before relying on a will to protect your partner.

Beneficiary Designations: Bypassing Probate Entirely

Many of the most valuable assets people own do not pass through a will at all. They pass directly to named beneficiaries outside of probate. This makes beneficiary designations one of the most powerful tools for unmarried partners.

Assets that pass by beneficiary designation:

• Life insurance policies: The proceeds go directly to the named beneficiary
• Retirement accounts (401(k), IRA, Roth IRA): Pass to the named beneficiary
• Payable-on-death (POD) bank accounts: Pass to the named POD beneficiary
• Transfer-on-death (TOD) investment accounts: Pass to the named TOD beneficiary
• Annuities: Pass to the named beneficiary

Why this matters for unmarried partners:

Beneficiary designations override the will. If your will leaves everything to your partner but your 401(k) names your sibling as beneficiary, your sibling gets the 401(k). For unmarried partners, reviewing and updating every beneficiary designation is critical.

Action steps:

1. Review beneficiary designations on all life insurance policies, retirement accounts, and financial accounts
2. Update them to name your partner (or name your partner as primary beneficiary and someone else as contingent)
3. Keep copies of all beneficiary designation forms in your files
4. Review designations annually and after any major life change

For a thorough understanding of how probate and non-probate assets interact, see our complete guide to probate in North Carolina.

Joint Ownership: Structuring Assets for Automatic Transfer

Joint ownership with right of survivorship is another powerful tool for unmarried partners. When property is owned jointly with survivorship rights, the surviving owner automatically inherits the deceased owner’s share without going through probate.

Joint Tenancy with Right of Survivorship (JTWROS)

In a JTWROS arrangement, both partners own an equal share of the property, and when one dies, the survivor automatically owns the entire property. This works for:

• Bank accounts: Open joint accounts with survivorship rights
• Investment accounts: Title accounts as JTWROS
• Real estate: Deed property as joint tenants with right of survivorship (the deed must explicitly state “with right of survivorship” in NC)

Critical warning for real estate: In North Carolina, simply adding your partner’s name to a deed does not automatically create survivorship rights. If the deed says “tenants in common,” each partner’s share passes through their own estate (and to their own heirs) when they die. The deed must specifically state “joint tenants with right of survivorship” or use equivalent language. Have an attorney review or prepare the deed.

Tenancy by the Entirety

This form of ownership is available only to married couples in NC. It provides additional creditor protection that joint tenancy does not. This is one area where unmarried partners cannot replicate the protections available to married couples.

Practical Considerations

Gift tax implications: Adding your partner to a deed or account may trigger gift tax obligations if the value of the transferred interest exceeds the annual gift tax exclusion ($18,000 in 2024, adjusted annually). Consult a tax professional before making large transfers.

Relationship changes: If you break up, jointly owned property must be divided, which can be complicated without a legal framework like divorce. Consider a cohabitation or property agreement that addresses how joint property will be handled if the relationship ends.

Mortgage and lender issues: Adding a partner to a mortgage or deed may trigger a due-on-sale clause in the mortgage. Consult your lender before making changes.

Trusts: Advanced Protection for Larger Estates

For couples with significant assets, a revocable living trust provides additional protections beyond a will:

• Avoids probate entirely: Assets in a trust pass directly to beneficiaries without court involvement, reducing the opportunity for family members to contest the transfer
• Privacy: Unlike a will, which becomes a public record when filed with the court, trust terms remain private
• Incapacity planning: A trust can include provisions for your partner to manage your assets if you become incapacitated, not just after death
• Harder to challenge: While trusts can be contested, the legal standard for overturning a trust is generally higher than for a will

Setting up a trust for unmarried partners:

1. Work with an estate planning attorney experienced with non-traditional families
2. Fund the trust by transferring assets into it (real estate, bank accounts, investments)
3. Name your partner as the primary beneficiary and successor trustee
4. Include provisions for your partner’s continued residence in the home, management of finances during incapacity, and distribution of assets after death

For estates of moderate to high complexity, the cost of establishing a trust (typically $1,500-$5,000 for a comprehensive plan) is minimal compared to the potential cost of litigation if family members challenge a will.

Healthcare and End-of-Life Decisions

Estate planning for unmarried partners extends beyond inheritance to healthcare decision-making. Without legal documentation, your partner may have no right to make medical decisions for you, visit you in the hospital, or access your medical records.

Essential healthcare documents:

• Healthcare Power of Attorney: Designates your partner as the person authorized to make medical decisions if you cannot. Without this, NC’s healthcare decision-making hierarchy prioritizes legal spouses, adult children, and parents over unmarried partners.
• Living Will (Advance Directive): States your wishes regarding life-sustaining treatment. This ensures your wishes are known regardless of who makes decisions.
• HIPAA Authorization: Authorizes healthcare providers to share your medical information with your partner.

These documents are relatively inexpensive to prepare and provide critical protections that unmarried partners do not receive by default.

Practical Planning Strategies

The Comprehensive Approach

For the strongest protection, unmarried partners should implement multiple layers:

1. Will: Names partner as primary beneficiary for all probate assets
2. Beneficiary designations: Updated on all life insurance, retirement, and financial accounts
3. Joint ownership with survivorship: For shared real estate and bank accounts
4. Revocable living trust: For significant assets and additional privacy/protection
5. Healthcare power of attorney and living will: For medical decision-making
6. Financial power of attorney: For financial management during incapacity
7. Cohabitation agreement: Defines property rights, expense sharing, and separation terms during lifetime

Common Mistakes to Avoid

Assuming your will is enough: A will only controls probate assets. If your largest assets (retirement accounts, life insurance) name someone else as beneficiary, your partner may receive very little regardless of what your will says.

Not updating documents after major life events: A new home purchase, a new retirement account, the birth of a child, or a change in the relationship all warrant a review of your estate plan.

Relying on verbal agreements: “We always said the house would go to the survivor” has no legal weight in NC. Everything must be documented.

Ignoring tax implications: Unmarried partners do not receive the unlimited marital deduction for estate tax purposes. For larger estates, this can result in significant estate tax that married couples would not owe. Consult a tax professional for estates that may approach or exceed the federal estate tax exemption.

Not telling anyone about your plan: Your executor, your partner, and ideally a trusted family member should know that your estate plan exists and where to find it. A perfect plan that nobody knows about is useless.

What to Do If Your Partner Dies Without a Will

If your unmarried partner has already died without a will, your options are limited but not nonexistent:

Claim jointly owned property: Assets owned as joint tenants with right of survivorship pass to you automatically. Gather the deed or account records showing joint ownership and present them along with the death certificate.

Claim beneficiary-designated assets: Life insurance, retirement accounts, and POD/TOD accounts go to the named beneficiary. If you are the named beneficiary, file claims directly with each institution.

Document your contributions: If you contributed to the purchase, mortgage payments, or improvement of property titled in your partner’s name, you may have an equitable claim. This typically requires legal action and is not guaranteed, but NC courts do recognize unjust enrichment and constructive trust claims in some circumstances.

Consult an attorney immediately: If significant assets are at stake, an attorney can evaluate your specific situation and advise on potential claims. Time matters because estate assets can be distributed quickly once probate begins.

File a creditor claim: If the deceased owed you money (documented loans, shared expenses you covered), you can file a claim against the estate as a creditor. This is a limited remedy but may recover some amounts.

For understanding what happens when no will exists, our article on NC intestate succession provides the complete framework.

The Emotional Dimension

Beyond the legal and financial issues, unmarried partners who lose a loved one often face a grief that is socially underrecognized. Friends and family may not acknowledge the depth of the partnership. Employers may not offer bereavement leave. The legal system’s treatment of unmarried partners as strangers to the deceased can compound the pain of loss.

If you are an executor or family member reading this article, treat the surviving partner with the dignity their relationship deserves, regardless of its legal status. And if you are an unmarried partner planning for the future, know that the law’s gaps can be bridged with proper planning. The documents described in this article are not difficult to create, and they can mean the difference between security and devastation for the person you love.

Taking Action Today

The strategies in this article share one thing in common: they must be implemented while both partners are alive and competent. Once a partner dies or becomes incapacitated, the window for most of these protections closes permanently.

If you are in an unmarried partnership in North Carolina, the priority list is clear:

1. Create or update your wills immediately
2. Review and update all beneficiary designations this week
3. Verify that all jointly owned property has explicit survivorship language
4. Execute healthcare and financial powers of attorney
5. Consider a revocable living trust for significant assets
6. Store all documents where your executor and partner can access them

These steps take a few hours and a few hundred to a few thousand dollars. The alternative, leaving your partner unprotected, can cost everything.

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Related Resources

• Complete Guide to Probate in North Carolina - Full overview of the NC probate process
• NC Intestate Succession: Who Inherits Without a Will - What happens when there is no will
• Blended Family Inheritance in NC - Navigating complex family structures
• How to Probate a Will in North Carolina - Step-by-step probate guide
• DIY Probate vs Hiring an Attorney in NC - When professional help is needed