Do Registered Domestic Partners Have Inheritance Rights in California?
When it comes to estate planning and inheritance in California, registered domestic partners are often unsure whether they have the same rights as married spouses. The good news is—yes, they do.
Under California law, registered domestic partners are granted the same rights, protections, and benefits as spouses, including in the area of inheritance. This legal parity is enshrined in Family Code § 297.5, which states that surviving registered domestic partners have the same rights as widows or widowers. That means they are entitled to inherit under California’s intestate succession laws and can exercise other probate-related rights just like a surviving spouse.
Community Property Rights
One key area where this equality is seen is community property. According to California Probate Code § 100, when one member of a registered domestic partnership passes away, one-half of the community property automatically belongs to the surviving partner, while the other half belongs to the decedent’s estate—mirroring the treatment of married couples.
Inheriting Separate Property
In addition to community property, California Probate Code § 6401(c) confirms that a registered domestic partner may also inherit their deceased partner’s separate property, again in the same manner as a spouse would.
Equal Treatment Across the Board
To reinforce this equal footing, California law extends references to terms like “spouse,” “surviving spouse,” and “marriage” to include registered domestic partners. This is reflected in multiple legal codes and court rules, including:
§ 75004.5: References to “spouse,” “surviving spouse,” or “marriage” include domestic partners.
§ 9351.4: Further codifies the inclusion of domestic partners in spousal definitions for legal proceedings and benefits.
Spousal Property Petitions (Probate Code § 13500 et seq.): Registered domestic partners are eligible to file these petitions just as spouses are.
Why It Matters
This legal framework ensures that registered domestic partners are not treated as second-class citizens in probate matters. Whether you are planning your estate or navigating the probate process after a partner’s death, it’s crucial to understand that California law treats registered domestic partners the same as spouses when it comes to inheritance.
If you’re in a registered domestic partnership and have questions about how to protect your rights or your partner’s future, our estate planning team is here to help. Reach out to schedule a consultation and ensure your plan honors your wishes and your relationship.
