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The general hierarchy to determine your next of kin is as follows: Spouse or de facto partner; Eldest adult child; Parents; Siblings (over the age of 18); The executor of your Will; A personal representative of the deceased; An individual identified by the coroner.

When a married person has no children but does have living parents, both the spouse and parents are heirs. According to MA Intestate Succession Laws, the spouse receives the first $200k of the estate and then 2/3 of remaining assets. The rest is inherited by the parents.

The Affidavit of Surviving Spouse must be done in the County where the decedent resided at time of death. Bring an original or certified copy to the Surrogate at time of application. List all the assets in the decedent's name alone in order to determine the number of true copies of the affidavits that will be required.

A small estate affidavit is a form one can complete to speed settlement of a small estate through probate. It eliminates the need for a spouse or family members to go through a formal probate process supervised by the courts in the distribution of a loved one's property to creditors and heirs.

In California, a community property state, the surviving spouse is entitled to at least one-half of any property or wealth accumulated during the marriage (i.e. community property), absent a pre-nuptial or post-nuptial agreement that states otherwise.

affidavit of next of kin form

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