Did you know that common law marriage can have major implications for estate planning in Washington State? Many people assume that living together for a long time automatically guarantees inheritance rights for a surviving partner—but that’s not the case. I’m Christopher Small, owner of CMS Law Firm, and I want to explain what you need to know.

Common Law Marriage in Washington State

In Washington, common law marriage is referred to as a committed intimate relationship. While there are specific legal requirements to establish such a relationship, the key takeaway is that it does exist under state law.

Once a common law marriage is recognized, any property accumulated during the relationship is considered community property. In theory, this seems straightforward: one partner dies, the other inherits half of the property. But here’s the crucial catch.

No Automatic Inheritance for Surviving Partners

Unlike traditional marriage, there is no automatic inheritance for a surviving partner in a common law marriage in Washington State. This means that:

• If one partner dies without a will or trust, the surviving partner may receive nothing.

• Beneficiary designations, trusts, or explicit estate planning are required to ensure the surviving partner is provided for.

This is a surprising fact for many couples in committed relationships, but it highlights why proactive estate planning is essential.

What You Should Do

If you are in a committed intimate relationship recognized as a common law marriage in Washington, you should consider:

• Creating a will that specifies how your assets should be distributed.

• Establishing a revocable trust to avoid probate and control the transfer of property.

• Reviewing beneficiary designations on accounts, insurance policies, and retirement plans.

These steps help ensure that your partner is taken care of and that your assets are distributed according to your wishes.

Bottom Line

Common law marriage can complicate estate planning in Washington State. Without proper planning, a surviving partner could be left with nothing, even after years of shared life and property. Being proactive with a will, trust, and beneficiary designations is the only way to protect your loved ones.

If you’re in Washington State and need guidance on estate planning, probate, or protecting a surviving partner in a common law marriage, visit CMS Law Firm to get started.