What is next of kin order? Rights and responsibilities

Having assets may provide you with a luxurious life but it has some of its consequences as well. The owner of multiple assets is always stuck in the inheritance plans among his family members. However, it seems like a responsibility. Although, there is a legal process of writing a will through which you can easily distribute your valuable properties. In terms of legal manner, the question arises what is next of kin order? Is it even relatable in writing will process? Well, if you want to know the answer keep reading this article. It helps you to know about property inheritance which you must know.

What is next of kin order?

Next kin means your blood relations like parents, children, and grandparents. However, the term describes the closest relatives or only blood relations, your spouse may not count in it for several reasons. Usually, when you are in hospital you have asked for your next of kin. In addition, some activities which have certain death risks also ask you to name your next of kin. For example; in skydiving, parachuting, etc.

In case if there is no survival of your spouse or children your parents or grandparents will be counted. However, blood relations can also be extended in addition to uncles and aunties, grandchildren, nieces, and nephews. In some state laws, your great grand generation holds the inheritance like great grandparents, great-grandchildren, great grand uncles, and aunties. In case if there is no existence of heirs, your cousins can also be in inheritance.

Generally, if your next of kin is minor. The probation will hold the time and the court will get a conservator to manage all the assets and decisions until your child reaches adult age to be able to take control of things. Under the laws of next kin legally adopted children inherit heirs. It creates no difference between adopted and biological relations. In fact, if a deceased person has both adopted and biological children, the assets will be distributed equally between them. While on the other hand, if the deceased person is adopted by a family, the initially adopted family will be considered as next of kin like they are biologically related. 

Property inheritance of next of kin

If a person dies without a will, the probate court will get an administrative to deal and manage all the assets of a deceased person and close the estate. However, this initial administrative will be counted as a next of kin. In case there is a survival of the spouse, the administration will belong to him/her. 

If there is a written will the administrative will receive a letter of testamentary. After receiving the letter, the administrator is responsible to handle all the paperwork, documentation, and distribution of all assets of the deceased person. The process will take place according to the state laws. In order to claim inherited estate property, the next of kin must have a next of kin affidavit as approval. The transferring process of property ownership depends on jurisdiction which includes, real property and other documentation of ownership.

To prove who is next of kin needs identification proves like a birth certificate or any other government-issued documents. The affidavit that demonstrates the blood relationship with the decedent is also needed. 

Next of kin under NHS

The National Hospital Service (NHS) in the UK has special treatments. When a person has been admitted to the hospital, they have asked to name their next of kin. The special treatment provided by NHS is, they allow you to name anyone you want it could be your parent, partner, or even your best friend. There is no specific restriction. However, in some severe cases, it depends on the patients’ condition. If the patient is unconscious the hospital will immediately contact the next of kin like spouse, parent, or adult child. 

Rights and responsibilities of next of kin


Next of kin is responsible for all emergency situations

  • Next of kin must be easily contactable. If there is any hospital emergency that occurs the authority can reach the next of kin without any trouble.
  • There is also a responsibility of taking the patient back home after completing all the treatments.
  • Next of kin must be able to make a sensible decision in such severe situations.


The rights of next of kin are stood with the distribution of inherent properties under the intestacy rules.

Is next of kin responsible for funeral arrangements?

Generally, after the deceased person, his/her next of kin is responsible for the funereal arrangements. It involves all the work to arrange the memorial ceremony like hiring a director, ordering flowers, sending invitations to friends and families, and ordering the catering service.

However, this is not the case all time. It is not stamped anywhere that the next of kin is the only person responsible for funeral arrangements. Additionally, some people write in their will that whom they want to give their funeral arrangements. In such a case writing your funeral wish in the will is not the right way because the will paper delivers after the funeral of the deceased person and it takes time for probation. If you have the desired person to take care of your funeral you must discuss it with your next of kin and lawyer. And write your funeral wish on a separate paper.


In conclusion, writing a will can solve a lot of future issues related to heirship. Deciding all the execution on your own and handling all your assets to a reliable person will give peace to you and you’re next of kin. Avoid giving your valuable items to the wrong hands.

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