If you are wondering “what does next of kin mean?” you are not alone. While this is a common term, the next of kin meaning can vary from one state to the next and from one person to another. Depending on the circumstances, who is the next of kin can play a pivotal part of what happens to you during a medical crisis or your property after death. Below, we discuss what is the meaning of next of kin, who is the next of kin, and how these answers can affect you.
Quick Definitions
| Term | Definition |
| Blood relative | A blood relative is someone with whom you share genetic information, a person to whom you are related by birth, as opposed to a person related by marriage |
| Step-children | The children of your spouse |
| Decedent | A deceased person |
| Descendant | A person who is born in your direct biological line, such as your children, grandchildren, great-grandchildren, etc. |
| Ancestor | A person from whom you have descended, such as a parent, grandparent, great-grandparent, etc. |
| Estate | The property someone owns |
| Legal heirs | Family members who have inheritance rights to the decedent’s estate if there is no valid last will and testament |
| Intestacy | The act of dying without a last will and testament |
| Intestate succession | The order of priority your legal heirs will receive your property as determine by state law |
| Probate | The legal process of settling your final affairs, resolving claims against your estate, and distributing your property to beneficiaries or your legal heirs |
| Probate court | The court that has jurisdiction over probate cases |
| Next of kin | Although the technical definition is the closest relative, it is more realistically understood to describe family members who may have a right to inherit or make important decisions on someone’s behalf if there is not a legal document giving someone else such right |
| Testator | A person for whom a will is prepared |
| Beneficiaries | A person you have specifically named to benefit from your property |
| Power of attorney | The right for someone to make important decisions for another person |
| Last will and testament | A legal document that states to whom your property should go after your death |
What Is Next of Kin?
Next of kin generally refers to a person’s closest living relative. In some jurisdictions, the next of kin definition only includes a person’s closest living blood relative. Who is next of kin depends on state law.
Why Does the Next of Kin Meaning Matter?
The next of kin meaning matters In situations where arrangements have not been made to give a designated person a specific power or property. For example, if a power of attorney has not been created and a person becomes incapacitated, it may be necessary to identify the person’s next of kin to try to appoint a guardian or conservator for them.
If a person has a medical crisis and someone needs to make medical decisions for them because they cannot make these decisions for themselves and a health care directive has not been issued, the next of kin may be able to make these medical decisions.
Next of kin can also have an impact on the final arrangements for a deceased person. The next of kin may be contacted to make funeral arrangements, organ donation decisions, and sign legal documents to permit cremation of the deceased person.
Perhaps most importantly, next of kin laws can impact a deceased’s estate. If a person does not leave behind a last will and testament, the next of kin may have the right to property left in a decedent’s estate as driven by certain intestacy laws, the requirements of which will typically differ from state to state.
Next of Kin and Succession Laws
If a person does not have a last will and testament at the time of their death, the deceased’s estate is subject to laws of intestacy, which are the state laws that dictate to whom property goes, based on the closest familial relationship.
Intestate succession laws typically dictate the next of kin order. Intestate succession is a legal process that arises when someone dies without a valid last will and testament or other legal document that dictates how their property should be distributed. The laws of intestacy determine the order of priority that surviving relatives have a right to inherit property of the decedent’s estate.
Typically, a surviving spouse and children have the highest priority. Next, usually comes other family members, such as parents and siblings. If no one survives the deceased person in these relationships,the probate court may go down the family tree to find the closest living relative.
For example, Florida’s intestate succession law, property generally goes down the line, in order of priority. So, if there is a living family member in one group, the analysis ends there and that person or group of people stands to inherit. The order of priority in Florida is:
- Surviving spouse (the amount of intestate share will vary based on the presence or lack thereof of non-lineal descendants of the surviving spouse, i.e. the step-children of the decedent belonging to the surviving spouse)
- Descendants of the deceased person (children, grandchildren, great-grandchildren, etc.)
- The parents of the deceased person
- The decedent’s siblings, nieces, and nephews
- The decedent’s grandparents
- The decedent’s aunts, uncles, and their children (cousins, second-cousins, etc.)
- The next of kin of the most recent surviving spouse of the deceased person
While unlikely, Florida’s law even goes so far as to name the descendants of the deceased person’s great-grandparents if the great-grandparents were Holocaust victims. Only if no next of kin can be identified can an estate escheat to the state.
Depending on state law, the next of kin meaning or your legal heirs can include:
- A registered domestic partner
- A common law spouse
- A family member of a spouse
- Step-children
- A person who pays for funeral arrangements
Property Affected by Next of Kin Determinations
Various types of property can potentially be affected by a next of kin determination. Depending on the circumstances, this could include:
- Real property that does not have a beneficiary deed or other deed designating the next owner
- Vehicles with no beneficiary title
- Financial accounts with no payable on death designation
- Life insurance proceeds with no valid beneficiary designation
- Retirement accounts with no valid beneficiary designation
Next of Kin and Special Family Relationships
Next of kin laws vary widely by state. Special family relationships may have different meanings depending on state law, such as:
Children
Children born during your marriage are usually considered your children without question. A child born outside of your marriage may or may not be considered your next of kin for intestate succession purposes depending on your relationship with them and whether you ever married the child’s other parent.
Children you legally adopted generally have the same rights as your biological children. Children conceived by you but born after your death are also usually considered your next of kin. Foster children and step-children you never legally adopted are generally not considered your next of kin, though state law can vary.
Adopted Children and Relatives
If you placed a child for adoption, they may or may not have default inheritance rights, depending on state law. Often, these laws state that an adopted person has the right to inherit from their adoptive family as if the adopted person was a biological child of the adoptive parents.
Blood Relatives vs Relationships by Marriage
Next of kin determinations, after your surviving spouse, usually do not consider relationships by marriage unless state law says otherwise. Therefore, your father’s brother (your uncle) may be considered your next of kin, but his wife (your aunt by marriage) might not.
Half Siblings
Half-siblings are those that share one parent in common. For example, your father may have been married previously and had a child with a woman who is not your mother. Half-siblings generally have the same inheritance rights stemming from the parent they have in common.
How to Avoid the Next of Kin Designation
Next of kin designations typically only come into play when your legal heirs need to be determined to inherit from your estate or make medical decisions on your behalf. You can avoid this confusion, additional cost, and burden on probate court by proactively engaging in a proper estate planning process while you are, that way your family can avoid probate court altogether. You can create various legal documents that convey ownership interests to the loved ones and beneficiaries of your choice, such as:
- Last will and testament
- Revocable living trust
- Irrevocable trust
- Power of attorney
- Health care power of attorney
- Beneficiary deed and title
- Beneficiary designation form
Takeaway
Next of kin can have a big impact on a person’s estate, but you can avoid confusion by creating estate planning documents that clearly communicate your wishes.