what and who is next of kin 
next of kin refers to a person s closest living relative s individuals who count as next of kin include those with a blood relation such as children or those with legal standing such as spouses or adopted children a person s next of kin often takes precedence over others in inheritance cases especially when a will isn t established understanding next of kinnext of kin refers to individuals who share a relationship through blood marriage or adoption this relationship helps establish who would receive a portion of a person s estate by the laws of descent and distribution if there is no will 1 in this context the next of kin is the spouse inheritance rights use the next of kin relationship for anyone who dies without a will and has no spouse or children 2 surviving individuals may also have responsibilities during and after their relative s life for example the next of kin may need to make medical decisions if the person becomes incapacitated or take responsibility for their funeral arrangements and financial affairs after their relative dies a legally and properly executed will that covers inheritable property usually takes precedence over next of kin inheritance rights if the deceased person left no will their estate passes to a surviving spouse in nearly all states 3 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 investopedia sydney saporitojurisdiction over next of kinthe 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 45in 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 2identifying a next of kin is less important at least legally if the person who died the decedent left a will or was married 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 