--- title: What is Next of Kin and How Does it Work? description: In this article we’ll take a look at the legal hierarchy for intestate distribution, and clearly define who qualifies as next of kin. image: https://www.realized1031.com/hubfs/family-1316638351.jpg --- [![Realized 1031 Exchange Marketplace](https://www.realized1031.com/hs-fs/hubfs/Images/Brand/Logo/Realized/Realized-Logo-Black.png?width=240&height=80&name=Realized-Logo-Black.png "Realized 1031 Logo") ](https://www.realized1031.com/) - [Wealth Management Gap](https://www.realized1031.com/the-wealth-management-gap) - [Our Process](https://www.realized1031.com/how-realized-works) - [Financial Advisors](https://www.realized1031.com/advisor) - [Resources](https://www.realized1031.com/resources) - [The Company](https://www.realized1031.com/about-us) - [Articles](https://www.realized1031.com/blog) [Register](https://www.realized1031.com/marketplace) [Log In](https://www.realized1031.com/login) - Better Business Bureau Rating: **A+** - [FINRA BrokerCheck](https://brokercheck.finra.org/firm/summary/22333) - [Call](tel:1-877-797-1031) **(877) 797-1031** # What Is Next of Kin and How Does it Work? Posted Apr 4, 2022 ![family-1316638351](https://www.realized1031.com/hs-fs/hubfs/family-1316638351.jpg?width=750&height=392&name=family-1316638351.jpg) If you die without leaving a will, you leave behind a complicated financial situation for your potential heirs. Regardless of any wishes you had for your estate while you were alive, your financial [assets](https://www.realized1031.com/glossary/asset) will be distributed according to the laws of your state. The legal term for dying without a will is called an intestate death. Your estate will be tied up in a lengthy probate process and eventually distributed by an administrator of the probate court, who must follow your state’s intestate succession laws. These laws vary from state to state, but they typically involve identifying the legal heirs to your estate, such as your surviving spouse, parents, and children. In this article we’ll take a look at the legal hierarchy for intestate distribution, and clearly define who qualifies as next of kin. ### Next of Kin Defined The term “next of kin” refers to your closest blood relatives – so it does not include your spouse. However, in instances where minor children are involved, surviving spouses often become the sole inheritor of estates for decedents who die without leaving wills because intestacy laws tend to favor surviving spouses who are caregivers for minors. If your spouse has preceded you in death, or you are unmarried, then state intestacy laws turn to your next of kin to determine the distribution of your assets. Immediate family relations that fall into next of kin definition include: - Parents - Brothers and sisters - Grandparents - Uncles, aunts, their offspring, and great-grandchildren Courts don’t look differently upon biological and adopted children – both are treated equally according to intestate laws. If next of kin happens to be a minor, courts will appoint a conservator until that person reaches age of majority (18 in every state except Mississippi, where it’s 21). Next of kin lineage typically starts with your direct offspring, followed by kids, grandkids, and great-grandchildren. Inheritance rules for stepchildren usually vary from state to state. ### Next of Kin Responsibilities  If you are next of kin to a decedent, you may have to make some important decisions, including: - **Funeral arrangements.** Oftentimes, a key responsibility of next of kin is to arrange a funeral for the deceased. If the decedent left no will or letter of instruction to heirs, then next of kin can opt for cremation or burial if they have some idea of the deceased relative’s wishes. - **Initiating the probate process.** As next of kin, it’s up to you to get the probate process started. - **Settling financial affairs.** Next of kin may also have to make arrangements to settle ongoing financial affairs after their relative passes. ### The Bottom Line If you die without a will, your assets will be distributed to your spouse, if applicable, or your next of kin. It’s important to determine next of kin lineage since it establishes inheritance rights among your immediate family members. In the event of an intestacy death, a court-appointed administrator will distribute your estate according to state intestacy and inheritance laws. Although there’s a Uniform Probate Code that provides a consistent model for asset distribution among next of kin, it’s only followed by 19 states. Next of kin can learn more about intestacy laws by contacting an experienced estate planner in their home state. This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice meeting the particular investment needs of any investor. Realized does not provide tax or legal advice. This material is not a substitute for seeking the advice of a qualified professional for your individual situation. 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For additional information, please contact the Realized Compliance department at 512-472-7171 or info@realized1031.com. - [Terms & Conditions](https://www.realized1031.com/terms-and-conditions) - [Privacy Policy](https://www.realized1031.com/privacy-policy) - [Form CRS](https://www.realized1031.com/hubfs/common-files/disclosures/FormCRS.pdf) - [ADV 2A](https://www.realized1031.com/hubfs/common-files/disclosures/ADV2A.pdf) - [Reg BI Disclosures](https://www.realized1031.com/hubfs/common-files/disclosures/RegBI.pdf) -   © 2026 Realized Holdings, Inc. ```json { "@context" : "http://schema.org/", "@type" : "BlogPosting", "articleBody" : "If you die without leaving a will, you leave behind a complicated financial situation for your potential heirs. Regardless of any wishes you had for your estate while you were alive, your financial assets will be distributed according to the laws of your state. The legal term for dying without a will is called an intestate death. Your estate will be tied up in a lengthy probate process and eventually distributed by an administrator of the probate court, who must follow your state’s intestate succession laws. These laws vary from state to state, but they typically involve identifying the legal heirs to your estate, such as your surviving spouse, parents, and children. In this article we’ll take a look at the legal hierarchy for intestate distribution, and clearly define who qualifies as next of kin. Next of Kin Defined The term “next of kin” refers to your closest blood relatives – so it does not include your spouse. However, in instances where minor children are involved, surviving spouses often become the sole inheritor of estates for decedents who die without leaving wills because intestacy laws tend to favor surviving spouses who are caregivers for minors. If your spouse has preceded you in death, or you are unmarried, then state intestacy laws turn to your next of kin to determine the distribution of your assets. Immediate family relations that fall into next of kin definition include: Parents Brothers and sisters Grandparents Uncles, aunts, their offspring, and great-grandchildren Courts don’t look differently upon biological and adopted children – both are treated equally according to intestate laws. If next of kin happens to be a minor, courts will appoint a conservator until that person reaches age of majority (18 in every state except Mississippi, where it’s 21). Next of kin lineage typically starts with your direct offspring, followed by kids, grandkids, and great-grandchildren. Inheritance rules for stepchildren usually vary from state to state. Next of Kin Responsibilities If you are next of kin to a decedent, you may have to make some important decisions, including: Funeral arrangements. Oftentimes, a key responsibility of next of kin is to arrange a funeral for the deceased. If the decedent left no will or letter of instruction to heirs, then next of kin can opt for cremation or burial if they have some idea of the deceased relative’s wishes. Initiating the probate process. As next of kin, it’s up to you to get the probate process started. Settling financial affairs. Next of kin may also have to make arrangements to settle ongoing financial affairs after their relative passes. The Bottom Line If you die without a will, your assets will be distributed to your spouse, if applicable, or your next of kin. It’s important to determine next of kin lineage since it establishes inheritance rights among your immediate family members. In the event of an intestacy death, a court-appointed administrator will distribute your estate according to state intestacy and inheritance laws. Although there’s a Uniform Probate Code that provides a consistent model for asset distribution among next of kin, it’s only followed by 19 states. Next of kin can learn more about intestacy laws by contacting an experienced estate planner in their home state. This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice meeting the particular investment needs of any investor. Realized does not provide tax or legal advice. 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