Are You Starting the Estate Planning Process?
Before same-sex marriage became legal nationwide in 2015, many California couples sought legal recognition through domestic partnerships. Even today, domestic partnership remains a valid and strategic choice for some same-sex couples. But how do California’s domestic partnership laws affect estate planning?
Whether you live in Sacramento, Folsom, or Roseville, understanding how your relationship is treated under the law can help you make informed decisions that protect your future. At the Law Offices of Daniel A. Hunt, we are consistently driven to provide valuable information that brings peace of mind, especially when it comes to planning your legacy.
What Is a Domestic Partnership in California?
A registered domestic partnership is a legally recognized relationship under California Family Code § 297. It offers many of the same legal rights and responsibilities as marriage. Domestic partners may be same-sex or opposite-sex couples, provided both individuals are at least 18 years old.
Couples who registered before the legalization of same-sex marriage may still be in a domestic partnership without converting it to a marriage. For estate planning purposes, this distinction matters, particularly when navigating property ownership, survivorship rights, and inheritance.
Are Domestic Partners Treated the Same as Spouses Under California Law?
In most legal areas, including estate planning, California treats domestic partners similarly to married spouses. Under California Probate Code § 37, the term “spouse” includes a registered domestic partner. That means domestic partners may:
- Inherited without a will through intestate succession
- Claim community property rights
- Act as agent for healthcare or financial decisions (if properly authorized)
- Be appointed as executor or administrator of an estate
But federal recognition is a different story. While California grants state-level rights to domestic partnerships, federal agencies may not treat them the same as marriages. This can impact federal taxes, Social Security, and retirement accounts unless steps are taken in your estate plan to compensate.
What Is Considered Community Property for Domestic Partners?
California is a community property state. That means any assets acquired during the partnership are presumed to be jointly owned, unless proven otherwise.
For domestic partners, community property rules apply just as they do for married couples. This includes:
- Income earned during the partnership
- Real estate purchased jointly or with shared funds
- Retirement accounts accrued during the partnership
- Business interests developed after registration
Separate property, such as inheritances or assets owned before the partnership, remains the individual’s property unless it is commingled.
Why Is an Estate Plan Essential for Domestic Partners?
Even though the law offers protections, relying solely on state statutes can create gaps, particularly when dealing with out-of-state property, estranged relatives, or federal benefits. A comprehensive estate plan can ensure your wishes are respected and your partner is empowered to act on your behalf.
Key components to consider include:
- Revocable Living Trust: Allows you to transfer assets privately and avoid the probate process. This is especially helpful if you own property outside California or want to keep family matters confidential.
- Will: Outlines asset distribution and can name guardians if you have minor children.
- Power of Attorney: Appoints your partner (or another trusted individual) to manage financial decisions if you become incapacitated.
- Advance Health Care Directive: Authorizes your partner to make medical decisions on your behalf if you’re unable to speak for yourself.
Without these tools, your partner may face delays, challenges, or legal barriers in accessing your accounts or making decisions in a crisis.
What Happens If a Domestic Partner Dies Without a Will?
Under California’s intestate succession laws, registered domestic partners have the same inheritance rights as spouses. That means if one partner dies without a will, the surviving partner will typically inherit:
- All community property
- A portion or all of the deceased partner’s separate property, depending on other surviving relatives
Still, probate court proceedings can be lengthy and emotionally draining. In Sacramento and its surrounding counties, probate cases can take months or even years to reach a resolution. Proper planning helps avoid these delays and ensures your wishes are preserved.
What About Pre-2015 Domestic Partnerships That Never Converted to Marriage?
Many same-sex couples in California registered as domestic partners before 2015 and chose not to marry after Obergefell v. Hodges. Their relationships remain valid under state law; however, this can create complexity when moving or interacting with federal systems.
For example:
- Federal Tax Filing: Domestic partners must file separately for federal taxes, even if they file jointly for California returns.
- Social Security: The Social Security Administration may not recognize domestic partners as surviving spouses for benefits.
- IRA and Retirement Accounts: Federal law governs these, so beneficiary designations become crucial.
We recommend revisiting and updating your estate planning documents if your partnership predates the legalization of same-sex marriage. A review can ensure your estate plan aligns with both state protections and federal gaps.
Can Domestic Partners Adopt or Include Children in Their Estate Plan?
Yes. California allows domestic partners to adopt and raise children. But from an estate planning perspective, legal parentage should always be documented.
If one partner is not the biological or adoptive parent, it’s essential to:
- Complete a second-parent adoption, or
- Include the child in the trust or will by name
This ensures the child has legal standing and avoids disputes later. Without clarity, biological relatives could challenge your wishes.
Are There Local Differences in Sacramento, Roseville, or Folsom?
The general legal framework for domestic partnerships and estate planning is statewide, but local probate court procedures may vary:
- Sacramento County often handles a high volume of probate cases, which can result in slower processing times.
- Placer County (which includes Roseville) tends to move faster but still follows formal procedures.
- Folsom, located in Sacramento County, is subject to the same regional rules but may benefit from a smaller community court presence when hearings are required.
Working with a local estate planning attorney who regularly appears in these courts can ease administrative delays and ensure your documents are properly prepared and filed.
What Should Domestic Partners Do Next?
Even if you already have estate planning documents, life changes such as the evolution of marriage laws can impact their effectiveness. Whether you’re just starting your planning or updating an older plan, your choices now can protect your partner later.
Need a Plan That Respects Your Relationship?
At the Law Offices of Daniel A. Hunt, we understand the unique needs of domestic partners in California. We provide compassionate and knowledgeable guidance for every estate plan we create. Our team is consistently driven to provide valuable information that brings peace of mind so you can focus on living fully, knowing your legacy is protected.
Call us at 916-545-6854 if you live in Sacramento, 916-633-7709 for Roseville residents, or 916-957-3803 for Folsom residents.
