There can be confusion around the phrase ‘next of kin’, with many assuming there is someone who automatically becomes your next of kin and has the legal right to make decisions for you if you cannot make them for yourself.
However, this is not the case.
What does next of kin mean? Next of kin refers to a person’s closest living blood relative. It is a term often used when sorting out inheritances after a person’s death. While the concept of next of kin sounds simple, the law determines who can act as next of kin and the order in which they become heirs. In the rare instance that a next of kin cannot be found, assets may end up in the State’s hands. If you die without a Will; your next of kin is the closest living blood relative who may inherit your assets.
Writing a Will and naming beneficiaries are best practices that give you control over your estate. If you do not have a Will, however, it is essential to understand what happens to your estate. Generally, the decedent’s next of kin, or closest family member related by blood, is first in line to inherit property.
What is next of kin?
Next of kin is a legal term referring to a deceased person’s closest living relative, such as their direct offspring. Next of kin will only come into play if someone passes aaway without a Will- this legal process is known as intestate succession. If someone dies without having any named beneficiaries, the next of kin gets priority when receiving the inheritance from an estate.
While legally adopted children and spouses aren’t blood relatives, many States consider them next of kin. But the exact criteria for next of kin varies by a State’s intestate succession laws, jurisdiction and local policy.
How is next of kin
determined?
So, who is next of kin? Your next of kin is often the closest living relative, and the order generally goes:
Spouse
Adopted and biological children
Parents
Siblings, including half-siblings
Other blood relations
Proving who next of kin is also requires proof of identity, such as a birth certificate or government-issued photo ID. You may also need an affidavit from someone who can swear to the blood relationship with the decedent.
Next of kin order
If you have a surviving spouse, they are often first in line to inherit your estate if you die without a Will. Sometimes, the spouse may inherit the entire estate, especially if you have no surviving children or parents. In other cases, the state’s succession laws may say your children, surviving parents and siblings have the first claim to next of kin.
Beyond surviving spouse and children, your next of kin may extend further down your bloodline if you have no surviving spouse or living children. These are called collateral heirs.
Laws varies, but these next of kin generally include:
Grandchildren
Grandparents
Aunts and uncles
Nieces and nephews
Cousins, if there are no other surviving heirs
The ‘great’ generations may also inherit under some State intestacy laws- great-grandchildren, great-grandparents, great-aunts and great-uncles.
What happens if your next of kin is a minor?
Children under the age of 18 cannot directly inherit assets or accept assets by beneficiary designation such as the proceeds from a life insurance policy.
Therefore, if your next of kin is a minor, a court may, among other options, need to appoint a guardian to oversee the management of assets. This court-appointed guardian will protect the assets and make financial decisions in the minor’s best interest.
Once the child reaches the age of majority (18 years old), your assets will be passed down to them directly, and the guardianship will end, giving your child full control over their inheritance. Additional information sourced from legalrightssa.com.
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