IN THE APPOINTMENT OF ADMINISTRATOR OF THE ESTATE OF THE DECEASED, THE SURVIVING SPOUSE IS PREFERRED OVER THE NEXT OF KIN OF THE DECEDENT:

    When the law speaks of "next of kin", the reference is to those who are entitled, under the statute of distribution, to the decedent’s property; or one whose relationship is such that he is entitled to share in the estate as distributed, or, in short, an heir. In resolving, therefore, the issue of whether an applicant for letters of administration is a next of kin or an heir of the decedent, the probate court perforce has to determine and pass upon the issue of filiation. A separate action will only result in a multiplicity of suits.

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