What is a close relative？

A person's closest relative is the person's closest living blood relative (or legal equivalent)。For example, a person's spouse, children, parents, or siblings may all be their next of kin。If someone does not have a more immediate family member, a more distant relative can also be someone's next of kin。

Knowing a person's next of kin is essential because certain rights are granted to them。When someone dies without a will, their next of kin inherit most of their inheritance。In some cases, if incapacitated, a close relative can have the power and responsibility to make medical decisions on their behalf。

What do next of kin need to do after death？

If someone dies without a will, their next of kin will inherit most of their estate。It is up to the probate court to decide who becomes the executor of the deceased's estate。In many cases, the court appoints the next of kin to handle the last affairs of the deceased。

This makes the next of kin responsible for planning funeral services as well as burial or cremation。They must also deal with estate creditors and remaining debts, using estate funds to pay bills and debts.。If there are laws everywhere on how to allocate funds from the estate of someone who never left a will, the executor also handles the process, including contacting the person who will inherit and transferring the funds to their property.。

If someone died with a will, the next of kin is not so important in the process。The deceased should designate an executor of the estate and the person they wish to handle the funeral and other final claims。

In most cases, if the deceased's will designates the heirs of his estate, but does not include their next of kin, the next of kin heirs are eligible to challenge the will。While laws vary from place to place, it is often the case that spouses and children are eligible to challenge a will。If there is no will, anyone else who could have inherited it can challenge it.。If close relatives of the deceased believe they were unfairly excluded from the will, they can challenge the will and give reasons why they should inherit part or all of the estate.。

What is the order of consanguinity？

A person's next of kin is their closest living blood relative.。To find your nearest relatives, you can look at the family tree to see how close you are by blood.。

In the United States, the priority for identifying close relatives is:

• Spouse
  
• Adult children, in descending order
  
• Parents
  
• Adult siblings
  
• Grandparents

Since you may be equally close to different family members, local laws sometimes specify different priorities。For example, some places may put your aunts and uncles before your nieces and nephews, while others will give preference to nephews and nieces。

What are the rights and responsibilities of close relatives?？

Your next of kin can be responsible for making medical decisions on your behalf。This usually happens if you are in the hospital and cannot make a decision on your own due to an emergency that causes you to lose consciousness。If you have not established a medical authorization for someone else, the hospital will try to contact your next of kin to make a decision about your care。

Next of kin may also be responsible for handling your estate after your death。If you did not leave a will, many places tacitly make the next of kin the executor of your estate, with them responsible for arranging your funeral and handling your final bills and debt repayments。

If you die and leave a will, but your next of kin is prohibited from inheriting any part of your estate, your next of kin has the right to object to your will。Argues that they should inherit part of your estate based on their relationship with you。

Is the funeral the responsibility of the next of kin?？

If a person dies and leaves behind plans or arrangements for handling the funeral and burial, the next of kin is not responsible for the burial。They may be responsible for organizing funeral homes and other family members, but they are not required by law to pay for services.。

If there is no will or funeral planned, the next of kin may choose to arrange a funeral。If they decide not to arrange a funeral, the state will look for living relatives willing to arrange a funeral according to the next of kin hierarchy。

In cases where no surviving family or close relatives are willing to deal with the funeral, the state often steps in to ensure the body is properly disposed of.。

How does the estate relate to close relatives?？

When someone dies, they leave property and assets for the surviving family and loved ones。When someone writes a will, they use the document to describe the property that each family member (beneficiary) should receive。

A will is subject to a legal process called probate to ensure that it is valid and appoint an executor.。Executors manage estate assets, such as real estate or investment portfolios。They are also responsible for things like making payments to deceased creditors。Once the estate has fulfilled all its obligations, it is paid to the named beneficiaries。During probate, if close relatives are excluded from inheritance, they can challenge the validity of the will。

Without a will, close relatives become an important part of the process。In many places, close relatives inherit part or all of the estate by default。If no executor is appointed, localities also tend to appoint close relatives as executors.。

What is the difference between a close relative and a power of attorney?？

Next of kin means a family relationship between two people, you have no right to choose your next of kin, they are just the people with whom you have the closest relationship。A power of attorney is a legal concept that grants someone the right to make important medical or legal decisions on your behalf。You can choose to grant a power of attorney to almost anyone, whether they are related to you or not, or you can choose not to grant a power of attorney to anyone。

If you end up in a situation that requires someone to make decisions on your behalf when you are incapacitated, the person with the power of attorney can do so。If you do not provide a power of attorney to anyone, some places tacitly require your next of kin to make decisions on your behalf。

This means that if you are incapacitated, your spouse or adult children can make important decisions, even without issuing a power of attorney。If you want to specify that someone has a power of attorney, you need to work with a lawyer and draft a legal document。

You can grant the power of attorney indefinitely or you can indicate the expiration date on the person's power of attorney。This can be useful if you are participating in high-risk activities and want to make short-term plans without having to cancel the power of attorney in the future。

How to prove consanguinity？

You may have to prove that you are someone's next of kin, especially if your relationship with the deceased is complicated。You may also have to give evidence if someone disputes the will。In order to prove that you are a close relative, you need to provide proof of your relationship with the deceased, things like birth certificates and sworn statements from people who know you and the deceased may help prove your relationship。

If you know your family tree or have records that you can use to make a family tree, it may be helpful to draw a family tree and bring it to court, including information about people in the tree, such as their dates of birth and death。

Probate courts are used to dealing with next of kin disputes, so you can also request a referral to a probate researcher。These researchers are experienced in finding genealogical information about the deceased and you can work with probate researchers to gather information about your family and prove your relationship with the deceased。