If you die without a will, your next of kin is the closest living blood relative who may inherit your assets. Learn about next of kin inheritance rights.
Ready to start your estate plan?
by Chloe Packard
Chloe is a San Diego-based writer with over a decade of writing and editing experience. She has partnered with both e.
Legally reviewed by Allison DeSantis, J.D.
Allison is the Director of Product Counsel at LegalZoom, advising and providing leadership to internal teams on the d.
Updated on: September 5, 2024 · 9 min read
What does next of kin mean? Next of kin refers to a person's closest living blood relative. It's a term often used when sorting out inheritances after a person's death.
While the concept of next of kin sounds simple, state laws determine who can act as next of kin and the order in which they become heirs. In the rare instance that a next of kin cannot be found, assets may end up in the state's hands.
Writing a will and naming beneficiaries are best practices that give you control over your estate. If you don't have a will, however, it's essential to understand what happens to your estate. Generally, the decedent's next of kin, or closest family member related by blood, is first in line to inherit property.
In this guide, we'll explore the next of kin meaning and its implications for estate plans.
Next of kin is a legal term referring to a deceased person's closest living relative, such as their direct offspring. Next of kin will only come into play if someone passes away without a will—this legal process is known as intestate succession. If someone dies without having any named beneficiaries, the next of kin gets priority when receiving the inheritance from an estate.
While legally adopted children and spouses aren't blood relatives, many states consider them next of kin. But the exact criteria for next of kin varies by a state's intestate succession laws, jurisdiction, and local policy.
So, who is next of kin? Your next of kin is often the closest living relative, and the order generally goes:
Proving who is next of kin also requires proof of identity, such as a birth certificate or government-issued photo ID. You may also need an affidavit from someone who can swear to the blood relationship with the decedent.
If you have a surviving spouse, they are often first in line to inherit your estate if you die without a will. Sometimes, the spouse may inherit the entire estate, especially if you have no surviving children or parents. In other cases, the state's succession laws may say your children, surviving parents, and siblings have the first claim to next of kin.
Your next of kin may extend further down your bloodline if you have no surviving spouse or living children. These are called collateral heirs.
State law varies, but these next of kin generally include:
Children under the age of 18 can't directly inherit assets or accept assets by beneficiary designation such as the proceeds from a life insurance policy. Therefore, if your next of kin is a minor, a probate court may, among other options, need to appoint a guardian (also referred to as a conservator in some states) to oversee the management of assets. This court-appointed conservator will protect the assets and make financial decisions in the minor's best interest.
Once the child reaches the age of majority (18 years old), your assets will be passed down to them directly, and the conservatorship will end, giving your child full control over their inheritance.
Have estate plan questions? Contact us for a free discovery call.Next of kin status establishes inheritance rights when a person dies intestate without an estate plan. While wills can simplify estate management and establish an executor to handle certain roles, not everyone has a will in place.
Note: Establishing who is next of kin becomes complicated when multiple children or siblings qualify. In these cases, candidates can volunteer if they accept the rights and responsibilities listed below.
Next of kin responsibilites include:
No, next of kin does not have legal authority, so they can't override or revoke a power of attorney without petitioning the court.
Next of kin are your closest blood relatives. Power of attorney is a legal document that gives a specific person explicit legal authority over one's personal and financial decisions.
An heir may need a next of kin affidavit to get an inheritance. This notarized document establishes the heir's claim to estate property. Depending on the jurisdiction, this affidavit may be sufficient to legally transfer some types of property to the heir.
Real property usually requires further documentation to transfer ownership. This may include a copy of the deceased's death certificate, a notarized deed, and probate documents. Real property consists of:
If someone dies with a legally valid will, their assets usually have to go through probate court. While some states make exceptions for very small estates, most call for a probate court to appoint an administrator who distributes the assets and closes the estate. Usually, this person is next of kin, such as a spouse or child.
After receiving a letter of administration (called "letter of testamentary" if there is a will), the administrator pays off the deceased's debts, if there are any, and handles the paperwork to transfer assets according to state intestacy laws.
Now, there are two kinds of assets: probate and non-probate. Probate assets are assets without beneficiary designations that must go through the court to get distributed. Meanwhile, non-probate assets are assets that have beneficiary designations and can bypass court and go directly to the beneficiaries.
Not every asset has to go through court. Common non-probate assets include:
These assets commonly go through probate court:
Insurance and retirement plans, such as IRAs and 401(k)s, differ from other bequests in that these usually require you to name beneficiaries on the policies. This means that even if there wasn't a will, these assets won't go to the next of kin, unless they are specifically named on the account, or, in some cases, if the listed beneficiaries are no longer living.
We've answered some frequently asked questions about the complete next of kin meaning or establishing who is next of kin.
Children adopted legally count as heirs under next of kin laws. These policies make no distinction between biological and adopted relations. So, if the deceased has an adopted and biological child, the state treats them the same.
The same legal principle works in reverse. If the deceased person was adopted into a family, the adoptive family members could act as the next of kin. In both cases, legal adoption stands at the same level as biological relation.
However, it's important to note that step-children and foster children typically do not qualify as next of kin, depending on your state's intestate succession laws.
Unmarried partners and friends aren't considered next of kin. If you want them to receive your assets after death, name them as a beneficiary in your will or trust.
Your next of kin are your closest surviving relatives, but a beneficiary is anyone named to receive something in estate planning documents. Keep in mind:
Family members aren't usually obligated to directly pay off debts a deceased individual owes. Even with married couples, a surviving spouse doesn't have to pay unless it's a shared debt in their name.
But, money that a deceased individual owes is paid from their estate, which reduces the overall shares of the next of kin heirs. Debts are be paid out of the estate first before any heirs inherit.
Anyone can refuse to act as a deceased relative's next of kin. In this case, the role passes on to the next candidate in line. The state may claim the deceased's property if no one accepts the position.
State laws usually decide what happens to an estate if a parent dies without a will. In most cases, the estate goes to the surviving parent, and the law determines how it's split between the parent and child.
However, if there is no surviving parent, then the entire estate typically goes to the biological or adopted child. If the child is a minor, the court may need to appoint a conservator to manage the assets until the child turns 18.
No, the oldest child doesn't inherit everything. While it will depend on state laws, most jurisdictions consider all biological and adopted children next of kin, so each child will receive an equal share of the estate, regardless of age or birth order.
While next of kin is a straightforward concept, your best bet is to execute a last will and testament or a living trust to have a say in where your assets go. This allows you to select your beneficiaries, making it easier for everyone when dividing up your entire estate after your death.
With the proper estate documents, you'll have peace of mind now and save your loved ones bureaucratic hassle and potential disputes. Our experts give you the forms and information you need to execute a complete estate plan.
Start your estate plan todayThis article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.
You may also like
Who inherits your estate depends not only on what you bequeath in your will, but state law can override some provisions in your will. Find out what your rights are and how to protect your estate.
April 24, 2024 · 4min read
Don't make these common mistakes when naming beneficiaries.
February 13, 2023 · 6min read
Here are some important questions to ask yourself about your final wishes, even if you live child-free.
March 26, 2024 · 4min read
