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.