Kinship Proceedings: Proving to the Probate Court That You Are Next of Kin That person might be a close friend, and not a relative at all. It might seem logical that “next of kin” means “closest relatives,” but in the United Kingdom, an individual gets to appoint his or her own “next of kin” for legal purposes. If the spouse declines to serve, adult children are given next priority, so long as they reside in Ohio. Ohio courts give priority to a surviving spouse to serve as administrator of a decedent’s estate. In essence, that statute gives priority to inherit first to the surviving spouse, then to lineal descendants of the deceased (children and grandchildren), then to more distant relatives, such as parents, siblings, and grandparents.
NEXT OF KIN CODE
To determine who would be considered next of kin under Ohio law, take a look at Ohio Revised Code Section 2105.06. Most people would plan to distribute their assets to their closest relatives-their next of kin. Intestate succession attempts to distribute assets as the deceased person probably would have, if he or she had made an estate plan. If the decedent had left a will, estate assets would pass to the beneficiaries named in the will.īut when someone dies intestate (without a will), estate assets are distributed according to Ohio’s law of intestate succession. The administrator has numerous responsibilities, including identifying all interested parties and notifying them of the probate proceedings securing the property of the estate and paying all legitimate debts of the estate before distributing the remaining assets.Īnswering the question who is next of kin also matters, of course, when it comes time to distribute those assets. If there is no will, however, the decedent’s next of kin has priority to be appointed as administrator of the estate. The executor named in the will has no legal authority to act on behalf of the estate until they are appointed by the court. This person is often a close relative, but need not be. If a deceased person (decedent) has died with a will, it almost certainly identifies a person whom the decedent selected to administer the probate estate. Who is “next of kin,” and why does it matter? In the probate setting, it is important to identify someone’s legal next of kin when they have died without a will and their estate must be managed and assets distributed. Most people have heard the term “next of kin,” usually in connection with a deceased person.
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