Maryland’s Registered Domestic Partnership Law: What It Means for You

Since October 1, 2023, Maryland has been recognizing Registered Domestic Partnerships. For the first time, unmarried couples in our state can register their relationship and receive important legal protections, particularly when it comes to estate and inheritance rights. And beginning October 1, 2025, new requirements will be added to the registration process.

If you and your partner are committed to one another but do not want to marry, this law may provide peace of mind and valuable legal benefits.

What Is a Registered Domestic Partnership?

Before October 1, 2023, unmarried couples in Maryland had very few protections. A surviving partner had no automatic right to inherit property, serve as the personal representative of an estate, or claim a family allowance.  Any inheritance rights or to serve as the personal representative of an estate were only afforded if they were granted explicitly through a will or trust.

Additionally, unmarried partners were subject to Maryland’s 10% inheritance tax on property left to them by the other partner.  However, if the unmarried couple met specific criteria memorialized in an affidavit of domestic partnership, the surviving partner would not need to pay inheritance tax on ½ of the primary residence jointly owned by the couple.

In short, unless a couple did careful estate planning, the surviving partner could be left with no legal standing and a large tax bill.

A Registered Domestic Partnership is a legal status you can obtain by filing paperwork with the Register of Wills in your county. Once registered, you and your partner gain many of the same protections that married couples enjoy in Maryland.

To qualify, you and your partner must:

• Be at least 18 years old,

• Be in a committed relationship,

• Be unmarried to anyone else, and

• Have at least one partner living in Maryland.

The process is simple: you file a Declaration of Domestic Partnership and pay a small filing fee with the Office of the Register of Wills in your county.  In return, you will receive a Certification of Domestic Partnership.

Benefits of Registering

Registering your domestic partnership ensures that your partner is recognized under Maryland law. The key benefits include:

• No Inheritance Tax: Registered domestic partners are fully exempt from Maryland’s inheritance tax.

• **Intestacy Rights:  **If one partner passes away without a Last Will and Testament, that means the partner died “intestate.”  In these cases, the surviving partner inherits a share of the estate, just like a spouse would, plus a $10,000 family allowance.  A surviving registered domestic partner will also have the same priority as a spouse to serve as the personal representative (executor) of the estate of the deceased partner.

• **Children’s Rights:  **Any child born or conceived to registered domestic partners is legally considered the child of both partners. If registered domestic partners use assisted reproduction (like IVF) and both partners agree to it, the law treats the child as the child of both partners.  This is true even if one partner passes away and their genetic material is used later; the child will still be legally recognized as the child of both partners, as long as the law’s other requirements are met.

What’s Changing in 2025

On October 1, 2025, new rules take effect. The registration form will require more detailed identifying information, such as date of birth and, if available, a Social Security Number. Importantly, this sensitive information will be kept confidential and not open to the public.

What Registered Domestic Partnerships Don’t Cover

While this law offers meaningful protections, it’s not the same as marriage. Registered domestic partners:

• Do not have the right to claim an elective share of a deceased partner’s estate.  In Maryland, a spouse has a right to elect a share of the deceased spouse’s estate, so long as the spouses did not agree to waive this right in a prenuptial, postnuptial, or marital settlement agreement.

• Do not have any protections or rights regarding support or division of property in the event the relationship ends. In a divorce, the Marital Property Act in Maryland vests each spouse with an interest in most property acquired by either spouse during the marriage, regardless of how the property is titled.  In a divorce proceeding, a Maryland court could also award alimony, or spousal support, to a spouse based on a variety of factors.

• May not automatically qualify for certain retirement or insurance benefits.

That’s why registering should be just one step in your planning, but not the only step.

Why Estate Planning Still Matters

Even with a Registered Domestic Partnership, it’s essential to have the proper documents in place. A Last Will and Testament, trust, Powers of Attorney, and an Advance Medical Directive ensure that your wishes are honored and your partner is fully protected.

How We Can Help

At Leffler, Bayoumi & Oliver, LLC, we help couples understand their options and create tailored estate plans that go beyond the basics of registration. Whether you’re thinking about registering your partnership or already have, we can help you:

• Draft or update your estate planning documents,

• Protect your assets and children, and

• Ensure your partner is fully protected under the law.

If you and your partner are considering a Registered Domestic Partnership, now is the time to plan ahead. Contact us today at 410-740-1180 to schedule a consultation and make sure your future together is secure.