Estate Planning for Unmarried Couples in Georgia
Love may be simple, but the law in Georgia is not, especially for couples who build a life together without getting married.
In Atlanta, where long-term domestic partnership agreements can take many forms, unmarried couples often share homes, finances, and families without sharing the legal protections married spouses receive by default.
And the numbers reflect how common this is becoming. According to an Axios analysis of recent U.S. Census data, 51% of metro Atlanta adults are unmarried. That’s more than half the adult population.
Without proper estate planning, Georgia’s default rules can leave even long-term partners without inheritance rights, medical decision-making authority, or control over shared property. Thoughtful planning fills that gap and gives couples clarity and protection when life takes an unexpected turn.
Here’s what this guide will cover:
- Challenges unmarried couples face under Georgia law
- Essential estate planning documents every couple should consider
- How to protect shared property and financial accounts
- End-of-life and healthcare planning tools
- Steps for keeping your estate plan up to date
Challenges Unmarried Couples Face
Unmarried couples in Georgia don’t receive the automatic legal protections that married couples do. That gap becomes most visible during medical emergencies, property disputes, or the death of a partner.
Without an estate plan, the law defaults to biological relatives. Even when a long-term partner has been the primary caregiver, financial supporter, or co-owner of property.
No Automatic Inheritance Rights
Georgia’s intestacy laws prioritize legally recognized family relationships. If an unmarried partner dies without a will, the surviving partner usually inherits nothing, regardless of how long they lived together or how intertwined their lives were.
Instead, estate assets typically pass to parents, children, or siblings. For couples who share a home or financial responsibilities, this can create immediate instability.
Limited Medical Decision Authority
Hospitals look to next-of-kin when someone cannot speak for themselves. Unmarried partners have no default right to make medical decisions, receive health updates, or access records.
This can leave one partner sidelined during critical moments when clarity and support are most needed.
Vulnerability With Shared Property
Joint ownership helps, but it doesn’t cover everything. If an asset isn’t titled correctly (a home, a bank account, a vehicle), the surviving partner may face legal challenges from relatives.
Even long-term co-ownership can get tangled if legal documentation isn’t consistent or up to date.
Key Elements of Estate Planning for Unmarried Couples
Unmarried couples in Georgia need a more deliberate approach to estate planning because the law won’t default to protecting the partnership.
The right legal documents create the legal bridge that marriage would otherwise provide. That makes sure each partner’s wishes are honored during emergencies or major life changes.
Wills and Living Wills
A will is the foundation for unmarried couples. It names who inherits property, who handles your estate, and who receives personal items that matter. Without one, state law controls everything, and it does not recognize unmarried partners.
A living will work alongside this by outlining your medical care preferences. It gives doctors and loved ones clarity if you cannot communicate.
Trusts to Protect Property and Privacy
A revocable living trust is a strong option for couples who own a home together, share significant assets, or want added privacy.
Trusts help avoid contested probate, keep financial matters out of public record, and allow assets to transfer directly to the surviving partner. They’re especially useful for Atlanta couples with blended families, complex finances, or long-term joint property.
Powers of Attorney
Georgia does not grant unmarried partners automatic authority to handle each other’s financial or medical decisions. Signing the right powers of attorney changes that.
- A financial power of attorney allows your partner to manage accounts, pay bills, or handle real estate matters if you’re unable to.
- A medical power of attorney names your partner as the person doctors should consult during a health emergency.
Protecting Assets and Property
Shared property can get complicated quickly when a couple is not legally married. The key is making sure each asset is titled, documented, or structured in a way that reflects what the couple actually intends.
Without this step, Georgia’s default rules will fill in the gaps. That’s often in ways that exclude the surviving partner.
Titling Property Jointly
Holding property as joint tenants with the right of survivorship is one of the simplest ways to protect a partner. It means that if one person passes away, ownership automatically transfers to the surviving partner without probate.
But not all homes, vehicles, or financial accounts are set up this way by default. Reviewing each title together (and updating them when needed) helps prevent unwanted legal disputes with biological relatives.
Creating Trust Arrangements
Trusts give unmarried couples more flexibility and security, especially when significant assets or complex family dynamics are involved.
A revocable living trust can hold a home, investment accounts, or personal property and specify exactly how those assets should be handled during incapacity or after death.
For many Atlanta couples, trusts also offer privacy, avoiding the public nature of probate while confirming assets pass directly to the intended partner.
Healthcare and End-of-Life Planning
Medical emergencies can create some of the most stressful and vulnerable moments in a partner’s life. For unmarried couples in Georgia, the only way to confirm your partner has a voice in those moments is to put your preferences in writing.
Without the right documents, hospitals must look to legally recognized next-of-kin (not your partner) for decisions and information.
Advance Directives
An advance directive outlines your medical wishes if you cannot speak for yourself. Georgia recognizes these documents, and they guide healthcare providers on the treatments you want or wish to avoid.
Completing one helps eliminate confusion and signals to both family and medical staff that your partner understands and should participate in honoring your choices.
Medical Powers of Attorney
A medical power of attorney, sometimes called a healthcare proxy, lets you choose who will make medical decisions on your behalf. Naming your partner gives them the authority to speak for you during a crisis, ask questions, access information, and advocate for your care.
For unmarried couples, this is one of the most important documents to have. Without it, even long-term partners may be excluded from key decisions.
Naming Guardians and Beneficiaries
When an unmarried couple has children or shares financial responsibilities, clear legal direction becomes a must.
Georgia courts look to written instructions first, and without them, decisions may default to relatives who were never part of the partners’ intentions.
Guardianship for Minor Children
A will is the only place you can legally name a guardian for a minor child in Georgia. For unmarried parents, this is especially important.
Listing a preferred guardian helps prevent confusion, avoids potential disputes among family members, and gives the court a clear understanding of your wishes.
Courts give significant weight to the parent’s written choice, making this step critical for stability and continuity in a child’s life.
Beneficiary Designations
Many assets (retirement accounts, life insurance, investment accounts, and some bank accounts) pass directly to the named beneficiary, not through the will.
Unmarried couples should regularly review these forms and update them to reflect their current wishes. Make sure names are correct and consistent across all accounts. Outdated designations can override everything else and lead assets away from the partner you intended to protect.
Updating Estate Plans Over Time
Life shifts, and estate plans should shift with it. For unmarried couples, staying current is especially important because the law will not fill in the gaps the way it does for married spouses.
Regular updates keep your documents aligned with your relationship, your assets, and your long-term goals.
When to Review Your Plan
Most estate attorneys recommend reviewing an estate plan every three to five years. But major life events call for faster updates.
These include buying a home, starting a business, welcoming a child, changes in health, or significant financial growth. Each of these moments can alter what protection you and your partner need.
Keeping Documents Synchronized
Because unmarried couples rely heavily on paperwork, small inconsistencies can create big problems. Wills, trusts, powers of attorney, and beneficiary forms should all reflect the same intentions.
A routine review helps catch outdated names, missing beneficiaries, or old addresses before they cause delays or disputes.
Partnering With a Professional
Working with a Georgia-based estate planning attorney means your documents comply with state law and reflect your current circumstances.
Local guidance from an Atlanta estate planning attorney helps avoid technical mistakes that could weaken your plan or make it harder for your partner to act on your behalf.
Planning Today Protects Your Partner Tomorrow
Estate planning carries extra weight for unmarried couples in Georgia because so much depends on getting the documents right. When property, medical decisions, or long-term security are at stake, clarity becomes its own form of care.
At The Edwards Law Group, we help couples put those same legal protections in place with thoughtful planning tailored to their lives. Our Atlanta- based team understands the unique challenges unmarried partners face and offers guidance that brings confidence, stability, and peace of mind.
If you’re ready to create an estate plan that reflects your relationship and protects the person you love, reach out to us. Schedule a consultation and start building the legal foundation your partnership deserves. Contact us today!
