Next of Kin: Meaning and Role in Vital Records
Next of kin is a person's nearest living relative or relatives. Cornell's Legal Information Institute describes it as a person's closest living relative, and notes that spouses and adopted family members can also qualify.
What vital record do you need?
Choose your certificate to start your order.
Where the term matters
According to the same source, the designation matters most in intestate succession, where next of kin get priority in inheriting from a decedent's estate. It also decides who must be notified of a death and who can decide on burial or approve an autopsy.
Next of kin and vital records
Offices that issue death certificates often limit certified copies to specific relatives. Washington lists next of kin among the qualified applicants for certified death records, along with spouses, domestic partners, children, parents, siblings, grandparents, legal representatives, government agencies and courts. The page does not define the term.
New York's list of eligible relatives for certified death records is the spouse, parent, child or sibling. Others need a documented lawful right or claim, a documented medical need or a court order.
Because definitions differ, rely on the issuing state's list and ask the vital records office if unsure.
Frequently asked questions
Who counts as next of kin?
Generally the closest living relatives, but the exact order and definition depend on state law.
Is next of kin the same as executor?
No. An executor or personal representative is named by a will or court to handle the estate. Next of kin is a family relationship.
Can next of kin always order a death certificate?
Not automatically. Washington lists next of kin as qualified, but you may need to document your relationship.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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