Disclaimer: General educational research only — not legal, tax or financial advice. Rules differ by state and by family. Talk to an estate planning attorney in your state before you act.
Estate Planning Data & Research → Same-Sex Couples by State
Inheritance law treats married and unmarried couples differently, and that applies to every couple. Census data counts 1,386,990 same-sex couple households in the U.S.: 835,898 married and 551,092 living together without being married. Married spouses generally have inheritance rights under state law if one dies without a will. Unmarried partners generally do not.
This page shows same-sex married and cohabiting couples in every state and D.C., from the Census Bureau’s 2024 American Community Survey.
Any couple, married or not, can name each other in a will or trust. See how a trust and a will differ.
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Cite this page URL when reusing findings. Not a substitute for official sources or professional advice.
Key findings
- 1,386,990 households are headed by a same-sex couple (1.04% of U.S. households), according to the Census ACS 2024 1-year (table B11009).
- 835,898 are married couples and 551,092 are unmarried partners (39.7% unmarried). For comparison, 12.9% of opposite-sex couple households are unmarried.
- The share of households is highest in District of Columbia (3.17%), Oregon (1.85%), Vermont (1.65%), Maine (1.64%), Rhode Island (1.54%), Washington (1.47%).
- The most unmarried same-sex couples live in California (70,021), Texas (43,150), Florida (40,823), New York (37,779), Pennsylvania (21,225).
Same-sex couple households by state
| State | Same-sex married couples | Same-sex unmarried partners | Total same-sex couple households | Share of all households (%) | Share unmarried (%) |
|---|---|---|---|---|---|
| Alabama | 6,661 | 7,261 | 13,922 | 0.68 | 52.2 |
| Alaska | 1,994 | 1,274 | 3,268 | 1.19 | 39.0 |
| Arizona | 23,358 | 14,633 | 37,991 | 1.27 | 38.5 |
| Arkansas | 4,292 | 3,232 | 7,524 | 0.6 | 43.0 |
| California | 109,833 | 70,021 | 179,854 | 1.3 | 38.9 |
| Colorado | 19,640 | 13,727 | 33,367 | 1.35 | 41.1 |
| Connecticut | 9,215 | 5,462 | 14,677 | 1.01 | 37.2 |
| Delaware | 2,965 | 2,668 | 5,633 | 1.37 | 47.4 |
| District of Columbia | 5,280 | 5,165 | 10,445 | 3.17 | 49.4 |
| Florida | 63,124 | 40,823 | 103,947 | 1.14 | 39.3 |
| Georgia | 26,632 | 19,036 | 45,668 | 1.08 | 41.7 |
| Hawaii | 4,457 | 1,854 | 6,311 | 1.28 | 29.4 |
| Idaho | 3,112 | 2,373 | 5,485 | 0.73 | 43.3 |
| Illinois | 30,214 | 19,446 | 49,660 | 0.97 | 39.2 |
| Indiana | 13,347 | 8,703 | 22,050 | 0.79 | 39.5 |
| Iowa | 3,629 | 2,425 | 6,054 | 0.45 | 40.1 |
| Kansas | 5,330 | 3,744 | 9,074 | 0.75 | 41.3 |
| Kentucky | 9,372 | 6,411 | 15,783 | 0.85 | 40.6 |
| Louisiana | 7,391 | 6,928 | 14,319 | 0.77 | 48.4 |
| Maine | 7,096 | 3,015 | 10,111 | 1.64 | 29.8 |
| Maryland | 15,823 | 7,397 | 23,220 | 0.97 | 31.9 |
| Massachusetts | 25,843 | 14,835 | 40,678 | 1.44 | 36.5 |
| Michigan | 18,071 | 13,685 | 31,756 | 0.77 | 43.1 |
| Minnesota | 13,570 | 10,633 | 24,203 | 1.02 | 43.9 |
| Mississippi | 3,879 | 3,325 | 7,204 | 0.61 | 46.2 |
| Missouri | 12,766 | 11,842 | 24,608 | 0.96 | 48.1 |
| Montana | 2,214 | 793 | 3,007 | 0.64 | 26.4 |
| Nebraska | 4,525 | 2,627 | 7,152 | 0.87 | 36.7 |
| Nevada | 10,621 | 6,305 | 16,926 | 1.37 | 37.3 |
| New Hampshire | 4,816 | 1,736 | 6,552 | 1.15 | 26.5 |
| New Jersey | 22,805 | 10,305 | 33,110 | 0.93 | 31.1 |
| New Mexico | 6,064 | 5,137 | 11,201 | 1.31 | 45.9 |
| New York | 58,607 | 37,779 | 96,386 | 1.23 | 39.2 |
| North Carolina | 24,210 | 19,094 | 43,304 | 0.96 | 44.1 |
| North Dakota | 1,011 | 1,078 | 2,089 | 0.6 | 51.6 |
| Ohio | 24,956 | 19,890 | 44,846 | 0.91 | 44.4 |
| Oklahoma | 8,216 | 5,356 | 13,572 | 0.85 | 39.5 |
| Oregon | 18,015 | 14,325 | 32,340 | 1.85 | 44.3 |
| Pennsylvania | 31,335 | 21,225 | 52,560 | 0.98 | 40.4 |
| Rhode Island | 4,208 | 2,686 | 6,894 | 1.54 | 39.0 |
| South Carolina | 9,585 | 5,532 | 15,117 | 0.68 | 36.6 |
| South Dakota | 754 | 799 | 1,553 | 0.41 | 51.4 |
| Tennessee | 13,422 | 10,769 | 24,191 | 0.83 | 44.5 |
| Texas | 70,167 | 43,150 | 113,317 | 0.99 | 38.1 |
| Utah | 7,308 | 3,535 | 10,843 | 0.92 | 32.6 |
| Vermont | 3,231 | 1,494 | 4,725 | 1.65 | 31.6 |
| Virginia | 19,937 | 10,565 | 30,502 | 0.88 | 34.6 |
| Washington | 27,863 | 18,723 | 46,586 | 1.47 | 40.2 |
| West Virginia | 2,299 | 1,605 | 3,904 | 0.53 | 41.1 |
| Wisconsin | 12,132 | 6,473 | 18,605 | 0.73 | 34.8 |
| Wyoming | 703 | 193 | 896 | 0.35 | 21.5 |
Source: U.S. Census Bureau, ACS 2024 1-year, table B11009 (Unmarried-partner households and household type by sex of partner). Counts cover couples in which one partner is the householder. ACS figures are survey estimates with margins of error, which are large for small states.
How marriage changes inheritance
- Without a will, state law decides. Intestacy laws give a surviving spouse a share in every state. Most states give an unmarried partner nothing unless the partner is named in a will, trust or beneficiary form. See the intestacy gap.
- Registered partnerships vary. Some states and D.C. offer domestic partnerships or civil unions that carry spousal-type inheritance rights. Whether a partnership counts depends on the state and how it was registered.
- Spousal protections. Married spouses may have an elective share or other protections. See the surviving-spouse elective share by state.
- Medical and financial decisions. Without a health care proxy or power of attorney, an unmarried partner may not have authority to make decisions. See the incapacity gap.
Related: cost of dying without a will by state · money that skips the will
Methodology
Census ACS 2024 1-year estimates, table B11009, pulled from the Census API on Oct. 14, 2026, for the 50 states, D.C. and the U.S. “Same-sex couple households” adds same-sex married-couple and same-sex cohabiting-couple households. Share of households divides that total by all households in the table. The ACS identifies couples only where one partner is the householder.
What this doesn’t measure. Couples who don’t live together, registered domestic partnerships, or whether either partner has a will.
Frequently asked questions
How many same-sex couples are there in the U.S.?
1,386,990 same-sex couple households, 835,898 married and 551,092 unmarried (ACS 2024).
Does an unmarried partner inherit without a will?
In most states, no. Intestacy laws generally pass property to a spouse and relatives. A will, trust or beneficiary designation is how an unmarried partner is included.
Which state has the highest share of same-sex couple households?
D.C., at 3.17%. Among the states, Oregon is highest at 1.85%.
Is this legal advice?
No. Talk to an estate planning attorney in your state.
Sources
Public-domain government sources only. Fetched 2026-10-14.
Data
- U.S. Census Bureau, ACS 2024 1-year, table B11009: https://api.census.gov/data/2024/acs/acs1/groups/B11009.html
Cite this data
Family Estate Guide, “Same-Sex Couples by State: Married vs. Unmarried,” October 2026. https://familyestateguide.com/estate-planning-data/same-sex-couples-estate-rights-by-state/
You’re welcome to reuse the table with a link back to this page. The underlying government data is public.
Published October 14, 2026 by Family Estate Guide. Data vintage: Census ACS 2024 1-year. Editorial standards.