Who Is the Next of Kin When Someone Dies Without a Will?

In the middle of grief, families are often left searching for answers. For many, the next of kin order is at the top of the list. Families want to know who makes decisions and who takes responsibility for the deceased person’s affairs.

Next of kin order gives that structure. It shows who steps in when there’s no will or plan, and can bring some clarity when everything else feels uncertain. Understanding how the next of kin order works is the first step, and this guide will walk you through what it means in practice.

What Does Next of Kin Mean?

Next of kin means a person’s closest living relative by blood, marriage, or adoption. The term comes up in medical, legal, and inheritance matters, but its meaning can shift depending on the context.

Some states use “nearest relative” in mental health law, which doesn’t always line up with inheritance rules. That’s why the term can carry different weights depending on the situation. A few key points about next of kin:

• It doesn’t always refer to just one person.
• When multiple people share the same status, they share responsibility for decision-making and inheritance.

In practice, the next of kin order​ helps determine who makes decisions when someone can’t. It also plays a role in who has certain rights under the law.

What Is the Next of Kin Order When There’s No Will?

When someone dies without a will, states typically follow a general order of inheritance. The spouse usually inherits first, but that share can change if children or parents are alive. Children, including adopted and posthumous children, inherit next. If a child is a minor, the probate court may appoint a guardian until the child turns 18. 

Grandchildren inherit if the deceased’s children have already died. If there are no descendants, the estate may go to the deceased’s parents. 

If the parents are not living, the estate passes to siblings and then to nieces, nephews, or cousins. Stepchildren usually do not inherit unless legally adopted. Divorce, prenuptial, or postnuptial agreements can also affect rights.

Here’s the general inheritance order most states follow:

• Spouse
• Children and descendants (including adopted and posthumous)
• Grandchildren (if the deceased’s children have passed away)
• Parents
• Siblings
• Distant relatives (nieces, nephews, cousins)

Understanding this hierarchy makes clear what the next of kin order is and how it applies when no will exists.

State Laws That Can Change Next of Kin Order

The general rules apply in most cases, but state laws can change how inheritance works. Many states follow the Uniform Probate Code (UPC). The UPC sets formulas for a surviving spouse’s share and creates a more consistent framework, though not every state uses it.

Some states expand inheritance rights beyond the traditional next of kin order:

• Civil unions or domestic partners: Connecticut, Hawaii, Nevada, Oregon, Vermont, Washington*
• Common-law spouses: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, Utah, New Hampshire*
• Stepchildren (limited cases): New Jersey, California

*In these states, the listed groups may have inheritance rights similar to a spouse.

Another important law is the Uniform Simultaneous Death Act. It requires an heir to survive the deceased by at least 120 hours to inherit. This rule prevents disputes when two people die close together, such as in an accident. It also keeps property from shifting back and forth between estates. Many states follow this rule, though the details vary.

How to Prove Next of Kin Status Without a Will

Courts need proof before they let someone step in as next of kin. Without it, you can’t manage the estate or make decisions. That proof usually comes in a few different forms:

• Show official documents: Bring records like a birth certificate, marriage certificate, adoption papers, or a government-issued ID. These confirm your legal connection to the deceased.
• Submit a next of kin affidavit: File a notarized document that confirms your relationship. It’s often needed to release assets or get probate started.
• Obtain court-issued authority: You must first submit a petition to the probate court to be officially appointed as the estate administrator. Once your proof is accepted, the court gives you legal paperwork to handle the estate.
  • You will receive letters testamentary if a will exists.
  • You will receive letters of administration if no will is in place.

These documents give you the legal authority to manage the estate, settle debts, and distribute property the way the law requires.

What Happens When Next of Kin Disagree

Disputes often come up when relatives at the same level, like multiple children, all want a share. In most cases, the court divides the estate equally according to the next of kin order. But arguments can still lead to litigation, which makes things slower and more expensive.

If there’s no will, the probate court steps in. It appoints an administrator, usually one of the next of kin. That person handles debts, gathers assets, and distributes property.

The administrator must follow intestacy laws, not personal preference. Trouble starts when others feel the administrator is playing favorites or not doing the job properly. In those situations, relatives can take the issue back to court and ask for the administrator to be removed, which can prolong the process even more.

What Next of Kin Can (and Can’t) Inherit Without a Will

Knowing who counts as next of kin is only part of the picture. The next question is what they can actually inherit when there’s no will in place. Not all property automatically passes to relatives, and the rules depend on how the assets are owned.

Do Next of Kin Inherit Property Without a Will?

Next of kin inherit probate assets. These are items owned solely by the deceased with no named beneficiary. Houses, cars, and personal belongings titled in the deceased’s name fall into this group.

Not every type of property passes to next of kin:

• Jointly owned property with rights of survivorship goes directly to the surviving owner, not into the estate.
• Property held as a tenancy in common is different. In that case, the deceased’s share passes to the next of kin under intestacy laws.
• Some states allow Transfer-on-Death (TOD) Deeds for real estate. With a TOD Deed, the property passes directly to the named beneficiary and does not become part of the probate estate.

If there are no legal next of kin, the estate does not sit unclaimed. Instead, the property transfers to the state. This process is known as escheat.

Do Financial Accounts Pass to Next of Kin if There’s No Will?

Financial accounts don’t all pass the same way when someone dies without a will. The outcome depends on the account type and whether a beneficiary was named.

Bank Accounts

A single-owner account without a payable-on-death (POD) designation becomes part of the estate. From there, it goes to the next of kin under intestacy laws.

• Joint accounts with rights of survivorship go directly to the surviving co-owner.
• Accounts held as tenants in common send only the deceased’s share into the estate.

Banks usually require a death certificate before releasing funds. Creditors may also claim money from the estate before heirs receive anything.

Life Insurance and Retirement Accounts

Life insurance and retirement accounts usually pay out to the named beneficiary. If no beneficiary is listed, the funds become part of the estate and pass to the next of kin.

• In community property states, a spouse may have rights to half of contributions made during the marriage.
• If both spouses are deceased and no beneficiary is named, the funds may pass to the next of kin.
• Under the SECURE Act, most non-spouse heirs must withdraw inherited IRAs within ten years.

Do Next of Kin Inherit Debt if There’s No Will?

Next of kin do not automatically inherit a deceased person’s debt. The estate pays valid debts first, before any inheritance goes to relatives. Each state has their own process for creditors to file claims against the probate estate in order to establish their eligibility for payment.

Most of the time, next of kin are not personally responsible. They may only be liable in certain cases:

• If they co-signed a loan.
• If they are a joint account holder, not just an authorized user.
• If they are the surviving spouse in a community property state.

If the next of kin is named executor or administrator, they must use estate assets to pay debts. They do not use their own money. If the estate has no funds, the debt usually goes unpaid.

Debt collectors may reach out to surviving spouses or estate representatives. Still, under federal law, they cannot demand personal payment unless one of the exceptions applies.

Medical & Post-Death Rights of Next of Kin

Next of kin often have a key role in medical and post-death decisions. In hospitals, HIPAA allows next of kin to be notified if the patient consents, or if it’s reasonable to assume they would have.

If the patient can’t decide, next of kin may step in and give consent for treatment. If a medical power of attorney (POA) exists, that person makes decisions instead. Without one, the responsibility usually falls to the closest relatives. Beyond those immediate choices, next of kin often take on other important responsibilities, such as:

• Decide on life-sustaining treatment when no Do Not Resuscitate (DNR) order or other documented wishes exist.
• Decide how the body is laid to rest and authorize an autopsy if needed.
• Decide on organ and tissue donation under the Uniform Anatomical Gift Act (UAGA). In some states, families are consulted in nearly all cases, as shown by a study in 54 countries. They can veto a donation even when the patient had already agreed. If no relatives are found, a hospital administrator or coroner makes the call.
• Receive death notifications in states where the law requires it, such as Oregon under OR Rev Stat § 146.109.

The goal in all these cases is to balance medical and legal needs with respect for both the patient’s wishes and the family’s role.

Responsibilities of Next of Kin After Death

When a person dies, someone has to step in and take care of both immediate needs and legal details. If no one else is named in a will or legal document, that role usually falls to the next of kin. Their responsibilities can be wide-ranging and often unfold in stages.

Make Funeral Arrangements

The next of kin decides between burial and cremation and arranges the service. If no one else is named, they hold the right of disposition.

Handle Finances 

They may need to pay bills, close accounts, and help manage the estate. If there is a will, the executor handles this. If there is no will, the court may appoint the next of kin as administrator.

Work with Officials 

Law enforcement or medical staff may rely on next of kin to confirm identity and receive death notifications. In many states, families must be contacted directly.

Act as the Main Representative 

If no legal representative or executor exists, the next of kin becomes the main point of contact. They ensure the estate is managed and state laws are followed.

These responsibilities can feel overwhelming, especially when paired with grief. Clear documentation and, when possible, a valid will can ease the burden. Still, when no one else is appointed, the next of kin provides structure and guidance during a difficult time.

Bringing Order After Loss

Every family is different. Laws don’t always reflect those bonds, but they do provide structure when loss leaves gaps. Understanding what that means for the next of kin order can help guide your decisions and honor your loved ones. 

Next of kin rules help with decisions, estate matters, and honoring loved ones. They don’t erase the pain, but they make the process clearer. And while knowing the next of kin order helps in the moment, planning ahead with a will or other documents can ease the burden for those left behind.