Who is next of kin when there's a will?

Answer 1

A will is allowed as long as it meets the technical requirements of the jurisdiction where it was executed.

The court's main concern is that the will was signed and witnessed properly under state law. At this point if someone files an objection to the will then what is known as a "will contest" process will begin. A person who wants to contest the will must have a legal interest in the estate and must have a valid reason for their objection. The court will hear the claimant and issue a judgment. There are many reasons a will can be challenged but just because you think it's unfair isn't a valid reason.

Once the will is allowed the executor is appointed and must distribute the estate according to the provisions of the will after creditors have been notified of the death. The debts of the decedent must be paid before distribution can be made to the beneficiaries under the will.

In some jurisdictions a spouse or child can claim an intestate share of the estate if that would give them a greater portion than the portion provided in the will. In most jurisdictions in the United States a person cannot disinherit their surviving spouse by leaving their property to others in their will.

When there is no will the property of the decedent is distributed according to the state laws of intestacy by an Administrator who also must be appointed by the probate court.

Answer 2

No one "overrides" the executor of the estate except for the court. Once appointed by the court the executor has the authority to settle the estate according to the terms of the Will and probate laws. They can exercise their authority without any interference from the next of kin.

Answer 3

The next of kin for a deceased person is either their children, or any other surviving relative if they have no children themselves.