How is next of kin defined

But if the deceased person left no will, their estate passes to a surviving spouse in nearly all states. If the couple is divorced, postnuptial agreements may terminate or alter these rights. If a surviving spouse remarries, it generally does not affect their inheritance rights. In the absence of a surviving spouse, the person who is next of kin inherits the estate. The line of inheritance begins with direct offspring, starting with their children, then their grandchildren, followed by any great-grandchildren, and so on.

The legal status of stepchildren and adopted children varies by jurisdiction. If the deceased had no offspring, the line of inheritance moves upward to their parents. If the parents are no longer alive, collateral heirs brothers, sisters, nieces, and nephews are next in line.

Establishing someone's next of kin is also important for law enforcement, medical officials, and other authorities when they need to make notifications about an individual's death, health, or wellbeing. As next of kin, you may inherit some of your relative's digital assets and obligations.

The specifics of determining next of kin and inheritance vary by jurisdiction. Matters involving inheritance in certain countries, such as the United Kingdom, are handled in accordance with various succession laws. In other countries, next-of-kin laws are in place for settling the estates of people who die intestate. In the United States, the right of a relative to inherit or receive property by inheritance exists through the operation of state laws and legislative action.

State law establishes next of kin relationships and inheritance priorities. The legislature of a state has plenary power or complete authority over the distribution of property within the state borders. The deceased's estate becomes state property if no legal heir is identified. What if someone dies in one state and owns assets in another? With personal property , the law of the state where the decedent resides generally supersedes the laws of other states.

Identifying a next of kin is less important, at least legally, if the person who died the "decedent" left a will or is or was married. The recipient s of proceeds from a decedent's life insurance policy, or their retirement accounts such as k s and individual retirement accounts IRA , are designated in a different way than other bequeathable assets. The funds from these instruments go to the beneficiaries listed by the decedent on these policies or accounts themselves, even if the decedent designated different people in a will.

Next-of-kin status is irrelevant unless the decedent was married and lived in a community property state. If so, by law, the surviving spouse is entitled to an equal portion of any funds earned or accrued during the marriage, unless the spouse had signed a waiver. If the spouse is also deceased, and there are no living listed beneficiaries, those assets may flow to the deceased's next of kin, depending on state law.

Certain other rules apply to individuals who inherit retirement plan assets. Prior to the passage of the SECURE Act, non-spousal beneficiaries of an inherited IRA were required to commence required minimum distributions if the original account owner had commenced taking their own required minimum distributions RMDs prior to their death.

If the account owner had not commenced taking their own RMDs, the non-spousal beneficiary was able to wait until they had reached the age to commence taking RMDs to begin taking them. However, under the new law, IRA beneficiaries must cash out their inherited retirement account within 10 years. There are certain exceptions, such as for the chronically ill, the disabled, and children under the age of They may also have responsibilities during and after their relative's life.

For example, the next of kin might need to make medical decisions if the person becomes incapacitated, or take responsibility for their funeral arrangements and financial affairs after their relative dies.

In countries such as the United Kingdom, matters involving inheritance are handled in accordance with various succession laws. The recipient s of proceeds from a decedent's life insurance policy, or their retirement accounts such as k s and individual retirement accounts, are designated in a different way than other bequeathable assets. Cornell Law School. National Archives, HM Government. Internal Revenue Service. Who is the next of kin?

The order usually goes: A husband, wife or civil partner. Unmarried partners are sometimes included here, but not always. An adult child. Adopted children would be included here, but step-children might not be. A parent A sibling. Download our handy guide Everything you need to know about the legal and financial responsibilities of caring for a loved one who is no longer able to look after themselves. Download now. Need further help?

Contact our team today. Further Reading. Whether clients are purchasing their very first home or are already very experienced in the matter, conveyancing solicitors… Read More ». The "next of kin" concept isn't complicated, but it does vary by state and also determines who inherits if you die without a will. Generally, the decedent's next of kin—closest family members related by blood—are first in line to inherit as heirs, but state laws determine who is considered next of kin and the order in which they inherit.

If you don't have a will, it is especially important to understand what will happen to your estate upon your death. In the rare instance that no next of kin is found, your hard-earned assets may even end up in the state's hands. Your next of kin relatives are your children, parents, and siblings, or other blood relations. Since next of kin describes a blood relative, a spouse doesn't fall into that definition.

Still, if you have a surviving spouse, they are first in line to inherit your estate if you die without a will. Sometimes the spouse may even inherit the entirety of the estate , especially if you also have no surviving children or parents.

Your next of kin may extend further down your bloodline, particularly if you have no surviving spouse or children. Next, come parents and then siblings. State law varies but, generally, further next of kin include:. The "great" generations also may inherit under some state intestacy laws—great-grandchildren, great-grandparents, and great-aunts and great-uncles.

If there are no other surviving heirs, cousins may inherit as well. Note that if your next of kin is a minor, the probate court generally will appoint a conservator to oversee the management of assets until the children reach the age of majority. Children adopted legally are considered heirs under next of kin laws, which make no distinction between biological and adopted relations.

So if the deceased has an adopted child and a biological child, they are treated exactly the same. If the deceased person was adopted into a family, the adoptive family members are considered next of kin, just as if they were biologically related.

If someone dies without a will , the probate court appoints an administrator to distribute the assets and close out 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 and handles the paperwork to transfer assets according to state intestacy laws.

The next of kin may need a next of kin affidavit, a notarized document that establishes the heirs to estate property. Depending on the jurisdiction, this affidavit may be sufficient to transfer some types of property legally to the heir; real property, however, usually requires further documentation to transfer ownership.