Legal Definitions - degree of kinship

Degree of kinship refers to the legal measurement of how closely related one person is to another within a family. This concept is particularly important in situations where a person dies without a valid will (known as dying intestate), as state laws use this degree to determine who inherits their property and in what order. Generally, immediate family members like spouses and children are considered the closest and have the highest degree of kinship, followed by parents, siblings, and then more distant relatives.

• Example 1: Inheritance for a Single Person Without Children

  Imagine Sarah passes away unexpectedly without a will. She was a widow and had no children. Her surviving relatives are her mother, her brother, and her niece (her deceased sister's daughter).

  In this scenario, state laws would first look for a spouse and children. Since there are none, the law moves to the next degree of kinship. Sarah's mother would typically be considered a closer degree of kinship than her brother, and her brother a closer degree than her niece. Therefore, her mother would likely inherit before her brother, and her brother before her niece, according to the specific state's rules for intestate succession, which prioritize the closest living relatives.

• Example 2: Prioritizing Spouse and Children

  Consider Mark, who dies without a will, leaving behind his wife, his two adult children, and his elderly father.

  In this case, Mark's wife and children are considered to have the closest degree of kinship. Most state laws prioritize the spouse and children, often dividing the estate between them. His father, while a close relative, would typically not inherit if a spouse and children are alive, because their degree of kinship is considered more immediate and direct according to inheritance laws.

• Example 3: Distant Relatives When Immediate Family is Absent

  Suppose Emily dies intestate. She was unmarried and had no children. Both of her parents are also deceased. Her only living relatives are her maternal aunt and her paternal first cousin.

  With no spouse, children, or parents, the law would look to the next closest degrees of kinship. Emily's aunt (her mother's sister) would generally be considered a closer degree of kinship than her first cousin (the child of her father's sibling). Therefore, the aunt would likely inherit before the cousin, reflecting the legal hierarchy of familial closeness established by state intestate succession laws.