Disposition of Remains Decision Authority by State
Who may direct the disposition of a person's remains, and how do written directions, family priority, ties, and loss of authority work?
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Every entry, oldest check October 5, 2026
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What this survey covers
Statutes give a person a way to express disposition directions or appoint a decision maker. When neither settles the matter, they rank surviving relatives and other people who may authorize disposition. The table follows that order and shows what happens when people of equal rank disagree, fail to act, or are barred by an express rule.
Why the columns differ
Texas Health and Safety Code § 711.002 lets any one adult child in the first available family class act, but imposes a deadline measured from death notice or death itself. Its agent appointment requires the decedent's acknowledged signature and the agent's signature before acting. Texas separately recognizes the decedent's own written directions and names the probate court as the forum for disputes.
Washington RCW 68.50.160 uses a majority of surviving adult children or siblings in those classes. Its written directions require the decedent's signature in a witness's presence. Florida § 497.005(43) allows a funeral establishment to rely on one member of a priority class for cremation only when that person represents that no higher-rank or same-rank objection is known. New York Public Health Law § 4201 sets a separate written-agent and family-priority scheme.
Patterns across the states
Family priority often begins with a spouse and then children, but the rules within a class vary. Texas § 711.002 allows one adult child to act in its family ladder; Washington RCW 68.50.160 and Montana § 37-19-904 use majority rules for named classes. Wyoming § 2-17-101 uses written consents: the greatest number within the highest class controls, and an equal count generally favors the earlier consent. Rhode Island § 5-33.2-24 lists plural survivor classes without prescribing a vote in that section.
The event that transfers authority also varies. Alaska § 13.75.050 has a 48-hour first-holder rule; Montana § 37-19-906 uses two days from notice or three from death, whichever comes first; Vermont § 5228 uses three days from notice or five from death. Delaware § 264 requires Chancery Court judgment when the specified classes cannot obtain assent; Wyoming gives a district court a narrower role when conflicting written consents are tied.
Scope boundaries
This table reports the statutory decision path. It does not determine which relative is available or credible, whether a document is valid on disputed facts, or what a funeral establishment should do in a specific conflict.
State by state
Every column answered the same way for each jurisdiction. Open a state for the full page, with the statute text and the date it was checked.
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| State | Decedent's own directions | Appointed decision maker | Agent document formalities | Family and other priority order | Equal-priority tie rule | Failure to act or waiver | Persons barred from control | Resolving a contested claim | Funeral-provider reliance |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-10-05 | Notarized affidavit may attach specific directions; designee substantially follows lawful directions if estate resources suffice (§ 34-13-11(a)(2)b.). |
Qualifying active-service DD Form 93 designee first; decedent’s notarized-affidavit designee next, ahead of spouse (§ 34-13-11(a)(1)–(3)). |
Affidavit by adult of sound mind executed before notary, substantially in statutory form; may attach directions (§ 34-13-11(a)(2)b.). |
Military designee → affidavit designee → spouse → children → grandchildren → parents → siblings → grandparents → guardian → estate representative → next kin → public official → willing person (§ 34-13-11(a)). |
Majority of children, grandchildren, siblings, or grandparents; notified minority may act absent known majority opposition; more remote next-degree kin may act singly (§ 34-13-11(a)(4)–(8),(11)). |
Forfeiture after two days from death notice or three days from death, whichever earlier; right passes to next qualifying person (§ 34-13-11(b)(2)). |
Known murder/manslaughter charge connected to death, spouse’s pending dissolution petition, or probate finding of estrangement forfeits right; dismissal/acquittal restores charged person (§ 34-13-11(b)(1),(3)–(4)). |
County-of-residence probate judge may award right to most fit person; equal-right holders or funeral establishment may petition when majority cannot agree (§ 34-13-11(c)). |
Licensee may rely on apparent controller and first equal-class actor without known objection; may pause disputed disposition pending probate order or unanimous written agreement (§§ 34-13-11(d), 34-13-12(a)–(b)). |
| Alaska verified 2026-10-06 | Signed, notarized disposition document can direct remains; controller follows directions to extent estate or controller can afford them; will directions take effect without probate (§§ 13.75.010, .080). |
Named disposition agent leads priority; successor may act after earlier agent dies, is disabled, resigns or refuses (§§ 13.75.020(a)(1), .030). |
Document signed by decedent and acknowledged before notary, substantially statutory form; agent signs acceptance before authority takes effect (§§ 13.75.010(b), .030, .040). |
Agent → will-instructed representative/nominee → spouse → adult children → parents → next kindred → public official for state/municipal responsibility → willing responsible person (§ 13.75.020(a)). |
Majority adult children and kindred groups over two; two same-degree kin act together; limited smaller group may act after notice efforts and no half-class opposition (§ 13.75.020(a)(4)–(6)). |
First holder loses control if no action within 48 hours after notice or death, whichever earlier; each successor has 48 hours after transfer notice (§ 13.75.050). |
Known charge of felonious killing connected to death bars controller (§ 13.75.060). |
Listed claimant may sue in superior court over who controls; provider may wait for order or suitable resolution confirmation (§ 13.75.110). |
Disposition organization protected for carrying out decedent’s directions or established controller’s directions, subject to negligence/recklessness; may pause disputed claim (§§ 13.75.100, .110(b)). |
| Arizona verified 2026-10-05 | Competent adult’s signed/dated disposition writing, notarized or adult-witnessed, needs no other consent; provider obligation depends on funding; known reasonable wishes bind duty holder absent hardship (§§ 32-1365.01(A)–(D), 36-831.01(A)). |
Surviving spouse ordinarily first; then most recent health-care POA agent or durable POA agent with express remains authority; minor’s parents follow (§ 36-831(A)(1)–(3)). |
Health-care POA dated/signed and notarized or qualified adult-witnessed; durable POA signed with qualified witness and notarized; both must expressly grant remains authority (§§ 36-831(A)(2), 36-3221(A)–(D), 14-5501(D)). |
Spouse (subject to separation/pending divorce) → express POA agent → minor’s parents → adult children → parent → adult sibling → adult grandchild → grandparent → caring adult → guardian → other authorized person (§ 36-831(A)). |
Any member of listed classes 3–9 may act unless aware of equal-rank objection; if aware, majority of reasonably available class members decides (§§ 36-831(D), 32-1365.02(D)). |
Family may sign lifetime waiver; unavailable/unwilling cremation agent passes right; 15-day nonaction presumption, but higher rank revives before final disposition (§§ 36-831(B),(C), 32-1365.02(H)–(K)). |
Separated spouse or pending divorce/legal-separation petition loses first rank; a person charged with criminal death loses duty when funeral director knows charge (§ 36-831(A)(1),(I)). |
Parties or competent court resolve control dispute; provider may await order/other suitable confirmation and may sue to expedite (§ 32-1365.02(J)). |
Good-faith reliance on compliant decedent writing or claimed authorizing agent protected; § 36-831(H) also protects reasonable inquiry and refusal of conflicting equal-rank orders (§§ 32-1365.01(E), 32-1365.02(G), 36-831(H)). |
| Arkansas verified 2026-10-06 | A sound-minded adult may sign a two-witness declaration directing lawful disposition; no further consent is needed (§ 20-17-102(b)–(c)). |
A person appointed in the declaration ranks ahead of ordinary family classes (§ 20-17-102(d)(1)(B)). |
Declaration signed by adult declarant or directed signer and witnessed by two individuals; appointed person named in it (§ 20-17-102(b)(1), (d)(1)(B)). |
Appointee → spouse → children → parents → siblings → grandparents → grandchildren → guardian → next kin → obligated government → qualifying veterans representative → willing fallback person (§ 20-17-102(d)(1)–(2)). |
Majority for children, siblings, grandparents and grandchildren; after reasonable notice efforts, fewer may act under the text of § 20-17-102(d)(3). Any one later-degree kin may act (§ 20-17-102(d)(1)(J)). |
Authority passes on nonaction within 2 days of death notice or 5 days of death, whichever earlier; also for refusal to bear costs where estate funds are insufficient (§ 20-17-102(e)(1)(B)–(C)). |
Known homicide or manslaughter charge tied to death; estrangement, including a pending divorce complaint or over 90 days living apart; DHS-custody 48-hour nonclaim (§ 20-17-102(e)(1)). |
County-of-residence circuit court may choose the most fit person for a same-rank dispute; peers or custodial funeral director may petition when no majority decision (§ 20-17-102(e)(2)). |
Provider may rely on apparently authorized instructions; first same-rank actor absent known or written objection, and may pause for a court order or signed agreement in a dispute (§ 20-17-102(e)(2)(C), (f), (l)). |
| California verified 2026-10-05 | Clear written directions bind when payment is arranged; will directions take effect immediately (§ 7100.1). |
Health-care POA agent with postdeath disposition authority ranks first (§ 7100(a)(1); Prob. § 4683(b)(3)). |
Directive dated/signed and notarized or witnessed by two qualified adults; special nursing-facility witness (§§ 4673–4675). |
Agent → competent spouse → competent adult children → parent(s) → adult siblings → other adult kin → conservators → public administrator (§ 7100(a)). |
Majority for adult children, siblings, and other same-degree kin; notified minority may act absent known majority opposition (§ 7100(a)). |
Most classes lose right after 7 days without action/delegation; spouse after 10 days; reasonable-search rule (§ 7105(a)–(b)). |
Known murder or voluntary-manslaughter charge connected to death shifts right; dropped charges/acquittal restore it (§ 7100(b)). |
Equal-rank impasse after 7 days permits superior-court petition by equal-rank person or holder of remains (§ 7105(c)). |
Funeral director/cemetery may follow entitled person’s instructions; fallback control after specified search and notice (§ 7100(c),(f)). |
| Colorado verified 2026-10-05 | Signed, dated declaration in a will, contract, power of attorney, beneficiary agreement, or other writing controls if valid and resources provided (§§ 15-19-103(3), -104(3),(5), -105(2)). |
Declaration may appoint a disposition decision maker; most recent declaration controls, subject to narrow military-record exception (§ 15-19-104(1)(b),(3)(a)). |
Competent adult signs and dates written declaration; one adult witness or notary is permitted, not mandatory (§§ 15-19-103(2)–(3), -104(5), -107(2)). |
Declaration → appointed estate representative/special administrator or will nominee → nonseparated spouse → designated beneficiary → adult children → parents/guardians → adult siblings → willing responsible person (§ 15-19-106(1)). |
Majority of adult children, parents/guardians (in writing), or adult siblings; unable or unwilling members excluded from majority count (§ 15-19-106(1)(d)–(f),(4)(c)). |
If unable, unwilling, or unlocatable, right passes within class then to next; presumed so after five days from death notice or ten days from death, whichever earlier (§ 15-19-106(4)). |
Arrest, charge, or conviction for specified felony involving decedent’s death bars direction; bar lifts on no charge, dismissal, or acquittal before disposition (§ 15-19-109). |
Probate court decides disputes among priority claimants and challenges to declaration validity or declarant competence (§§ 15-19-105(3), -106(3)). |
Third party protected for lawful reliance on apparently executed declaration or claimant’s authorization; may pause during known challenge or dispute (§§ 15-19-105(1),(3), -106(3),(6)). |
| Connecticut verified 2026-10-05 | Adult's signed, two-witness document may direct disposition; custodian must follow unless Probate Court approves otherwise (§ 45a-318(a)(1),(b)). |
Document may appoint primary and alternate agent; authorized conservator or principal's agent may also execute one (§ 45a-318(a)(1)–(2)). |
Signed by person or authorized conservator/agent and attested by two witnesses; statutory form optional (§ 45a-318(a),(g)). |
If agent declines or cannot be found in 48 hours, spouse → adult children → parents → siblings → qualifying next kin → Chief Medical Examiner → Probate Court appointee (§ 45a-318(d)). |
Majority of locatable, willing class members, with written decision and at most 10 days after identification; provider may rely on first peer absent known objection (§ 45a-318(e),(k)). |
Agent and alternate decline or cannot be found within 48 hours; later disposition document revokes earlier one; spouse loses priority for abandonment or incapacity (§ 45a-318(d)(1),(f)). |
Spouse who abandoned decedent or was adjudged incapable excluded from spouse rank (§ 45a-318(d)(1)). |
Domicile/residence Probate Court decides custody or disposition on petition of listed persons or remains holder; provider may pause pending order or written settlement (§ 45a-318(i)–(j)). |
Reasonable reliance on document or authorization protected; first equal-rank actor may instruct absent known objection; good-faith reliance has liability protection (§ 45a-318(c),(k)–(l)). |
| Delaware verified 2026-10-06 | Signed declaration can direct disposition and ceremonies; reasonable directions bind all persons, with latest declaration controlling (§§ 260(3), 262, 263(d), (f), 266(d)). |
Declaration can name disposition or ceremony decision maker and alternate; decedent acting through declaration leads priority (§§ 262(2), (4), 264(a)(1), 265, 269). |
Declaration is written, dated and signed by declarant; statutory model is nonexclusive, acknowledgment optional; revocable in writing or by destruction (§§ 265–267). |
Declaration → nonseparated spouse → appointed or nominated estate representative → majority adult children → parents/guardians → majority adult siblings → further kin → willing attesting actor → public administrator (§ 264(a)). |
Majority of ascertainable adult children and siblings; parents/guardians majority acts in writing; further kin of same degree may act individually (§ 264(a)(4)–(7), (b)). |
Unwilling or unable designee yields to alternate or § 264; later declaration prevails; divorce/separation revokes spouse delegation unless instrument says otherwise (§§ 266(d), 268–269). |
Legally separated spouse is outside default spouse class; later divorce, annulment or separation revokes delegated spouse authority by default (§§ 264(a)(2), 268). |
If assent of adult children, parents/guardians or siblings cannot be obtained, final judgment of Chancery Court in decedent’s county is required (§ 264(c)). |
Good-faith third party may rely on legal declaration and presume validity absent knowledge; may seek original/notarized copy and disregard unreasonable intent (§ 263(a)–(f)). |
| District of Columbia verified 2026-10-06 | Competent adult may decide disposition by dated, signed document without another person’s consent; written revocation allowed (§ 3-413(b)(1), (c)–(d)). |
Competent adult may designate a representative whose authority begins at death; designation supersedes default family order (§ 3-413(b)(2)). |
Dated, signed document clearly communicating intent to designate representative; may be included in specified health-care document (§ 3-413(b)(2)(B), (c), (e)). |
Competent spouse/domestic partner → adult children → parents → next kindred → adult friend or volunteer (§ 3-413(a)). |
Majority of competent adult children or same-degree kindred; limited lesser group may act after notice efforts without more-than-majority opposition (§ 3-413(a)(2), (4)). |
§ 3-413(d) permits written revocation of document at any time; default ladder applies where decedent gave no other directions (§ 3-413(a)). |
Default spouse, child, parent and kin classes require competence; § 3-413(a) states that condition for each applicable class. |
Court of competent jurisdiction resolves control/disposition dispute, weighing practical arrangements, ties, wishes/resources and participation (§ 3-413.01). |
Priority and dispute provisions direct a contested control claim to court; §§ 3-413 and 3-413.01 do not specify a provider reliance rule. |
| Florida verified 2026-10-05 | Decedent first when written inter vivos authorizations and directions are provided (§ 497.005(43)(a)1); a signed cremation declaration also protects providers (§ 497.609). |
Only the specified military DD Form 93 designee outranks family; attorney in fact or health surrogate may qualify if no family exists or is available (§ 497.005(43)(a)2, (b)). |
Section 497.005(43) names the military DD Form 93 or successor; it specifies no separate general funeral-agent appointment form. |
After decedent and qualifying military designee: spouse → adult child → parent → adult sibling → adult grandchild → grandparent → next-degree kin; fallback persons under (b) (§ 497.005(43)). |
For cremation, an establishment relies on any one person of a class who represents no known objection from a same- or higher-class person (§ 497.005(43)(b)); disputes go to court (§ 497.383(2)). |
If no family member exists or is available, listed fallback persons may qualify (§ 497.005(43)(b)); after 90 days without direction, a licensed holder may dispose of remains (§ 497.386(6)). |
An arrest for domestic violence against the decedent or an act causing or contributing to death removes a legally recognizable interest under this section (§ 497.005(43)). |
A court of competent jurisdiction resolves ambiguity or dispute over authorization or purported documentation (§ 497.383(2)). |
Provider protection for following authorized instructions (§ 497.383(1)); cremation objection claims barred after specified signed declaration, court order, or no-known-objection authorization (§ 497.609). |
| Georgia verified 2026-10-05 | Sound-minded adult may set directions in preneed contract; cancellation/substantial revision limited. Notarized affidavit may attach lawful, funded directions (§ 31-21-7(a),(b)(2)). |
Health care agent ranks first; qualifying military designee next; notarized disposition-affidavit designee next, before spouse (§§ 31-21-7(b)(1)–(3), 31-32-2(6)). |
Health-care directive: writing, declarant signature, two qualifying adult witnesses; separate disposition affidavit: signed before notary (§§ 31-32-5(a),(c), 31-21-7(b)(2)). |
After designated persons: spouse → children → parents → siblings → grandparents → guardian → estate representative → next kin → public officer → willing other after attestation (§ 31-21-7(b)). |
Children, siblings, grandparents: majority, with notice/no-majority-opposition exception; one parent acts if other unlocatable; later equal kin: any one (§ 31-21-7(b)(4)–(7),(10)). |
Right passes to next qualifier if holder does not act within earlier of 2 days after death notice or 3 days after death (§ 31-21-7(c)(2)). |
Known murder/voluntary-manslaughter charge connected to death, pending marriage-dissolution petition, or court-found estrangement forfeits right; charge dismissal/acquittal restores it (§ 31-21-7(c)). |
County-of-residence probate court may award right to most fit person and resolve unresolved equal-rank decision; equal-rank person or funeral home may petition (§ 31-21-7(d)). |
Funeral home may rely on authorization and first equal-rank actor absent known objection; may pause for order/agreement during dispute; good-faith reliance protected (§ 31-21-7(d)(3),(e),(f)). |
| Hawaii verified 2026-10-06 | Testament, chapter 441 pre-need contract, or signed notarized writing may direct disposition and takes precedence (§ 531B-3). |
Testamentary or statutory written-instrument designee ranks first; covered military form overrides other designation instruments (§ 531B-4(a)(1), (b)). |
Statutory designee instrument is executed before notary, dated and signed; lawful attached instructions bind substantially if estate funds suffice (§ 531B-5). |
Designee → spouse/civil-union partner/reciprocal beneficiary → children → parents → siblings → grandparents → grandchildren → guardian → estate representative → further kin → public official → willing fallback (§ 531B-4(a)). |
Majority of multiple children, siblings, grandparents or grandchildren; smaller notified group can act after five-day nonresponse/unavailability; any one later-degree kin (§ 531B-4(a)(3)–(7), (10)). |
Unexercised right forfeits after five days from death notice or seven days from death, whichever earlier (§ 531B-6(2)). |
Known murder/manslaughter charge tied to death, initiated relationship-ending proceedings, or probate-court finding of estrangement forfeits right (§ 531B-6(1), (3)–(4)). |
Probate court in decedent's county of residence may decide priority or equal-rank impasse and award control to most fit claimant (§ 531B-7(a)–(b)). |
Provider may follow reasonably believed controller or first same-class actor absent written objection, and may pause during dispute (§§ 531B-8(b)–(c), 531B-7(c)). |
| Idaho verified 2026-10-06 | Written instructions in a funded, executed prearranged funeral plan govern covered matters; a plot alone is insufficient (§§ 54-1139(1)–(5), 54-1142(1)). |
Acknowledged written designee first; then health-care power agent unless denied, expressly authorized durable-power agent, then guardian or conservator (§ 54-1142(1)(a)–(d)). |
Specific disposition designation is written and acknowledged like a real-property conveyance; health-care power follows its own execution law (§ 54-1142(1)(a)–(c), (3)(e)). |
After agents and guardian/conservator, spouse → adult children → parents → appointed representative → will nominee → next-degree intestate heirs (§ 54-1142(1)(e)–(j)). |
Children and later-degree heirs generally use majority; a smaller notified group can act without the specified level of known opposition (§ 54-1142(1)(f), (j)). |
For cremated remains unclaimed or uncontrolled one year, funeral director may arrange respectful disposition under stated conditions; veteran remains have a separate route (§§ 54-1142(6), 54-1144(1)). |
Known first/second-degree murder or voluntary-manslaughter charge tied to death passes control to next qualifier; dismissal or acquittal restores it (§ 54-1142(2)). |
The priority and majority/notice conditions in § 54-1142(1) govern competing claimants; the section states no special court petition process. |
Funeral establishment, cemetery or crematory may rely on authorization signed by decedent or authorized controller and is protected for disposition under it (§ 54-1143(1)–(2)). |
| Illinois verified 2026-10-05 | Will, prepaid funeral/burial contract, qualifying health-care power, cremation authorization, or notarized § 10/15 instrument; controller carries out affordable directions (755 ILCS 65/40(a)–(b)). |
Agent named in signed, notarized § 10/15 instrument ranks first; a qualifying military DD Form 93 designee controls under the express exception (755 ILCS 65/5, 15). |
Instrument substantially follows § 10, is complete, signed by decedent and agent, and decedent signature notarized; agent must sign before acting; later conforming instrument modifies/revokes (755 ILCS 65/15). |
Named agent → will-instructed executor/representative → spouse → adult child(ren) → parents → next-degree competent adult kin → specified organizations/public or institutional actors → willing other (755 ILCS 65/5). |
Adult children and same-degree kin: majority, with a smaller group able to act after reasonable notice and absent specified opposition; one located parent may act after unsuccessful search (755 ILCS 65/5). |
Named successor agents act successively after agent death, disability, resignation, or refusal; later conforming instrument may modify or revoke appointment (755 ILCS 65/10, 15). |
Known charge of first/second-degree murder or voluntary manslaughter connected to death relinquishes controller’s right to next class (755 ILCS 65/20(b)). |
Court of competent jurisdiction resolves listed-person dispute within 30 days of filing (755 ILCS 65/50(a)). |
Listed providers protected for carrying out written directions or asserted controller’s directions, except gross negligence/willful acts; may wait for resolution of dispute (755 ILCS 65/45, 50(a)). |
| Indiana verified 2026-10-05 | Most recent valid funeral planning declaration prevails; written, dated, signed before two eligible adult witnesses; binding directions, but providers need consideration (§§ 29-2-19-8, -10–11). |
Declaration designee leads; then specifically authorized power-of-attorney agent or health-care representative; older health-care POA route has 2022 execution cutoff (§§ 29-2-19-17(1)–(2), 30-5-5-16(e)). |
Declaration must name designee and be dated/signed before two eligible adult witnesses; no insertion in will or power of attorney; health-care advance directive has witness or notary route (§§ 29-2-19-8, 16-36-7-28). |
Declaration designee → specific POA/health representative → spouse → adult children → parents → siblings → guardian → next kin → stepchildren → estate administrator → willing person (§ 29-2-19-17). |
Majority for multiple children, siblings, same-degree kin or stepchildren; smaller group may act after reasonable notice without known opposition by more than half (§ 29-2-19-17(4),(6),(8)–(9)). |
Declaration designee unable or unwilling: default order applies; cremation right forfeited 72 hours after death notice if unexercised (§§ 29-2-19-16, 23-14-31-26(e)). |
Declaration generally cannot name an unrelated funeral provider; cremation excludes some separated spouses and persons under a coroner’s reasonable criminal-death suspicion (§§ 29-2-19-8(e), 23-14-31-26(a)(3),(c)). |
Declaration validity contest expedited in court where remains lie; cremation dispute action in probate court of decedent’s residence, if Indiana resident (§§ 29-2-19-19, 23-14-31-26(g)–(h)). |
Good-faith reliance on declaration protected; crematory may pause disputed cremation for order or signed agreement and has a separate nonacceptance safe harbor (§§ 29-2-19-11, 23-14-31-26(g), -48). |
| Iowa verified 2026-10-05 | A Chapter 144C declaration appoints a decision maker and may not contain disposition directives or ceremony arrangements (§ 144C.3(1)–(2)). |
Declaration names sole decision maker and may name alternates; latest declaration controls (§§ 144C.3(1), 144C.10(2)). |
Substantially statutory writing, dated and signed by declarant or directed signer; two qualified witnesses in each other's presence or notarial acknowledgment (§ 144C.6(2)). |
Designee → nonseparated spouse → children → parents → grandchildren → siblings → grandparents → next kin → attesting payer → county medical examiner (§ 144C.5(1)). |
Majority of reasonably locatable children, grandchildren, siblings, grandparents, or next kin; member's affidavit of notice and majority assent supports provider reliance (§ 144C.5(1)–(2)). |
Failure to act within 24 hours of death notice or 40 hours of death, whichever earlier; unclaimed cremated remains 30 days after written notice also forfeits (§ 144C.8(2)–(3)). |
Known first/second-degree murder or voluntary-manslaughter charges connected to death forfeit authority; legally separated spouse lacks spouse rank (§§ 144C.8(1), 144C.5(1)(b)). |
Third party may await court order for same-class dispute or conflict with executor or court-appointed estate representative (§ 144C.5(3)). |
Good-faith declaration reliance protected; may presume execution and competence absent actual contrary knowledge; majority affidavit also supports reliance (§§ 144C.4, 144C.5(2)). |
| Kansas verified 2026-10-06 | The statutory health-care power form permits special instructions for the agent and includes decisions about body disposition (§ 58-632). |
Health-care power agent ranks first only if the durable power expressly conveys disposition authority (§ 65-1734(a)(1)). |
Written durable health-care power with required durability words; statutory form uses principal execution plus two qualified adult witnesses or notarial acknowledgment (§§ 58-625, 58-632). |
Authorized health-care agent → spouse → adult children → parents → next-degree kin → guardian → personal representative → responsible public official (§ 65-1734(a)). |
One adult child may direct after written confirmation that all other adult children were notified, unless another sends a written objection; any one person of the same later kin degree may direct (§ 65-1734(a)(3), (5)). |
The cited priority section states no fixed nonresponse or waiver clock; an adult-child written objection defeats the one-child route (§ 65-1734(a)(3)). |
The cited priority section names no homicide-charge or estrangement bar; it conditions the first rank on the agent’s document granting disposition authority (§ 65-1734(a)(1)). |
A written objection from another adult child stops the first-child shortcut; § 65-1734 does not name a court selection procedure. |
Funeral director, establishment or crematory has civil and criminal protection for lawful instructions when reasonably believing the actor controls disposition (§ 65-1734(c)). |
| Kentucky verified 2026-10-05 | Separate declaration may state disposition and funeral wishes; latest controls and valid directions bind as if declarant alive (§§ 367.93103(2)–(3), .93105, .93107, .93109(3)). |
Declaration designee or alternate leads, alongside narrow qualifying DD Form 93 designee; declaration can name a person to carry out plan (§§ 367.93101(4), .93117(1)(a)). |
Adult of sound mind; separate written, dated declaration signed before two eligible adult witnesses and acknowledged before notary; designee cannot witness (§ 367.93103(1),(2),(4),(8)). |
Designee/military form → spouse → adult children → parents → adult grandchildren → siblings → next kin → willing person/prepaid-plan funeral home → guardian/conservator → District Court (§ 367.93117(1)). |
Majority of adult children, grandchildren, siblings, or next-degree kin; a smaller group may act after notice and written attestation of no known majority opposition (§ 367.93117(1)(c),(e)–(g)). |
Failure to assume responsibility within five days of death notice passes authority by declaration or statutory order; written revocation delivered to recipient or designee (§§ 367.93111, .93115). |
Arrest or charge for intentional, knowing, or wanton offense causing death bars control, subject to court waiver; postdeclaration marital dissolution, annulment, separation, or qualifying estrangement revokes spouse designation (§§ 367.93113, .93117(2)–(3)). |
District Court at decedent’s residence or funeral home/crematory location hears validity, cremation-form conflict, and disqualification contest promptly, with surety for holding costs (§ 367.93121). |
Good-faith reliance on declaration protected; provider may presume execution, competence, and nonrevocation absent actual contrary knowledge; payment condition applies to provider duty (§§ 367.93103(5), .93109). |
| Louisiana verified 2026-10-05 | Specific directions in notarial testament or written notarized declaration take precedence; latest dated instrument controls; express no-cremation direction bars agent (§§ 8:655(A),(C), 37:876(A)(1),(E),(G)). |
Notarial-testament or notarized-declaration designee leads ordinary interment and cremation; qualifying DD Form 93 PADD has special route (§§ 8:655(A)(1),(B), 37:876(A)(2),(F)). |
Designation in notarial testament or written notarized declaration; cremation agent’s separate form signature witnessed by director, notarized, or before two signing witnesses (§§ 8:655(A), 37:877(B)(1)(a)(xi)). |
Interment: designee → spouse with no pending divorce → adult children → adult grandchildren → parents → adult siblings → next-degree kin; cremation order additionally starts with arranger carrying out specific direction (§§ 8:655(A), 37:876(A)). |
Majority of adult children, grandchildren, siblings, or next-degree kin; parents listed together; unavailable authorization requires district judgment (§§ 8:655(A),(E), 37:876(A),(C)). |
Authorized holder’s oral/written refusal permits coroner release to interested claimant; once coroner jurisdiction established, listed control rights terminate (§§ 8:655(D), 9:1551(A)(1),(E)). |
Spouse omitted if divorce petition pending before death; homicide warrant or probable-cause determination for named offenses bars controller (§§ 8:655(A)(2),(F), 37:876(A)(3),(H)). |
District-court final judgment required when disposition or cremation authorization cannot be obtained (§§ 8:655(E), 37:876(C)). |
No liability for specified reliance on qualifying DD Form 93; cremation-form copy may be used without liability, and funeral director or crematory may refuse cremation (§§ 8:655(B)(2), 37:876(F)(2), 37:877(C)–(D)). |
| Maine verified 2026-10-06 | Signed written funeral and disposition wishes bind controller to extent prepaid or funded (§ 2843-A(5)). |
Decedent's written, signed designation gives named person first custody and control; refusal sends it to next of kin (§ 2843-A(2)(A)–(B)). |
Designation is a written document signed by the decedent; § 2843-A(2)(A) states that execution form. |
Designee → spouse → domestic partner → adult child → parent → adult sibling → adult grandchild → sibling's adult child → maternal grandparent → paternal grandparent → further relatives; veteran fallback (§ 2843-A(1)(D), (2)). |
Majority of two or more kin with same relationship; probate court decides if they cannot reach a majority (§ 2843-A(2)(C), (4)(D)). |
Unexercised control passes after four days from death; 15-day unclaimed remains may be treated as abandoned (§ 2843-A(2)). |
Qualifying murder/manslaughter charge forfeits control, restored before disposition if charge fails; estranged spouse or domestic partner is skipped (§ 2843-A(2)–(3)). |
Probate court for decedent's residence may award control to most fit person; subject, relatives, specified close companions or equal-rank claimants may petition (§ 2843-A(4)). |
Good-faith compliance with controller's directions protected; provider may rely on signed authorization absent known objection or pause for court order/agreement (§ 2843-A(8), (10)(A), (D)). |
| Maryland verified 2026-10-05 | Adult’s disposition document, including agent appointment, must be signed with witness present and witness signing in adult’s presence; pre-need contract also directs; valid document binds agent (§ 5-509(a)–(b)). |
Valid document’s designated agent or qualifying military designee leads; otherwise family order applies unless contrary decedent directions known (§ 5-509(c)(1)–(2)). |
Decedent’s document written and signed before witness, who signs before decedent; lower-rank signed authorization gets separate fallback tier (§ 5-509(b),(c)(2)(vi)). |
Spouse/domestic partner → adult child → parent → adult sibling → adult grandchild → representative under less formal signed authorization → guardian → willing person, including estate representative (§ 5-509(c)(2)). |
Majority of a class may act; for cremation, one qualifying relative can act after written confirmation all peers notified unless written objection within 24 hours (§ 5-509(d)). |
Forfeiture after 7 days from establishment’s death notice or 10 days from death, whichever earlier; written waiver submitted to practitioner or establishment (§ 5-509(g)(2)(i),(4)). |
Known charge of first/second-degree murder or voluntary manslaughter connected to death, or qualifying active protective order presented to director, forfeits right; dismissal/acquittal restores charged person (§ 5-509(g)(2)–(3)). |
Same-class majority governs; for cremation, written peer objection within 24 hours blocks the single-relative route (§ 5-509(d)). |
Practitioner or funeral establishment has civil immunity for reliance on § 5-509(g)’s forfeiture and waiver rules (§ 5-509(g)(5)). |
| Massachusetts verified 2026-10-05 | Effective pre-need contract controls; otherwise decedent’s signed writing witnessed at signing directs uncovered arrangements, absent contrary court order (239 CMR 3.09(1)(a)–(b)). |
No separate appointment tier in this regulation; decedent’s witnessed writing takes precedence over the listed kin (239 CMR 3.09(1)(b)–(c)). |
No separate agent form specified; decedent’s written wishes must be signed in a witness’s presence (239 CMR 3.09(1)(b)). |
Spouse → adult children → parents → siblings → guardian of person at death → other person authorized or obligated by law (239 CMR 3.09(1)(c)). |
Majority of a class controls; tie requires decision of court of competent jurisdiction (239 CMR 3.09(1)(c)). |
The regulation sets no response deadline or waiver procedure for its listed classes (239 CMR 3.09(1)(c)). |
The regulation states no categorical misconduct bar in its kin list (239 CMR 3.09(1)(c)). |
A court of competent jurisdiction decides a class tie and may order contrary to the decedent’s writing (239 CMR 3.09(1)(b)–(c)). |
Absent contrary court order, witnessed written wishes suffice as legal authorization; an establishment may not materially alter an effective pre-need contract except as specified (239 CMR 3.09(1)(a)–(b)). |
| Michigan verified 2026-10-05 | Written will, patient advocate designation, or other writing may name funeral representative to direct disposition (§ 700.3206(2)(b)). |
Sound-minded adult may name sound-minded adult funeral representative, with successor; qualifying service-member designation has higher priority (§§ 700.3206(2)–(3), 700.3206a(1)). |
Written, dated, voluntarily signed designation; 2 qualified witnesses or notarial acknowledgment. Representative accepts by signature or action (§§ 700.3206(2)(b), 700.3206a(2)). |
Military designee → funeral representative → spouse → adult children → grandchildren → parents → grandparents → siblings → other descendants → conditional fiduciary/guardian → medical examiner (§ 700.3206(3),(6)–(9)). |
Majority of equal-rank people located after reasonable effort; any of them may petition if no majority (§ 700.3206(5)). |
Representative refusal within 48h after death notice may revoke designation absent successor; rank passes after 72h from death pronouncement if unable to locate, decline, or fail to authorize (§§ 700.3206b(a), 700.3206(4)). |
Funeral/cemetery/crematory and final-care personnel barred as representative unless spouse/relative; pending intentional-killing charge suspends disposition right (§ 700.3206(2)(c),(12)). |
Eligible person or funeral establishment may petition in decedent’s domicile county; hearing within 7 business days, with notice rules and court factors (§ 700.3207(1)–(5)). |
Funeral establishment, cemetery, or crematory may rely on designation, priority, or court order; good-faith reliance avoids civil liability (§ 700.3209(2)–(3)). |
| Minnesota verified 2026-10-05 | Advance directions must be written, dated, signed, witnessed; lawful wishes bind controller to extent decedent supplied resources, even if in unprobated will (§ 149A.80, subd. 1). |
Person(s) appointed by decedent’s dated, signed writing rank first; health-care directive may qualify, but death-terminating power of attorney does not (§ 149A.80, subd. 2(1)). |
Appointment requires dated signed writing; witnessed/notarized instrument wins conflict against one lacking either (§ 149A.80, subd. 2(1)). |
Appointee → spouse → adult children → parents → adult siblings → adult grandchildren → grandparents → adult nieces/nephews → health-care guardian → caring adult → next kin → public/court authority (§ 149A.80, subd. 2). |
Majority of adult children, siblings, grandchildren, or nieces/nephews; surviving parents/grandparents have equal authority; district court settles unresolved ties (§ 149A.80, subds. 2(3)–(8), 5). |
For the first six classes, refusal or declining to act passes control to available peers, then next degree (§ 149A.80, subd. 4). |
If sole holder in a class through adult-grandchildren tier was estranged at death, district court may shift right to next degree (§ 149A.80, subd. 3). |
Parties or funeral director/mortician may petition district court in decedent’s county of residence; court considers resources, relationships, wishes, and participation (§ 149A.80, subd. 5). |
Provider immune for reasonable belief in controller; may rely on specified kin majority representations absent contrary knowledge; narrow direct control after 36-hour public-authority nonresponse (§ 149A.80, subds. 2(3),(5),(6),(8), 6–7). |
| Mississippi verified 2026-10-06 | Resident's Self-Directed Disposition Authorization supersedes next-of-kin wishes (§ 73-11-58(1)). |
A representative under the decedent's signed authorization appears after spouse, adult child, adult grandchild, parent and adult sibling in the no-self-authorization ladder (§ 73-11-58(1)(g)). |
Statute names a Self-Directed Disposition Authorization document and a signed authorization for the representative; it states no additional witness or notary method in this section (§ 73-11-58(1)). |
Military designee if applicable → spouse → adult child → adult grandchild → parent → adult sibling → signed representative → guardian → next kin → special-care person → institution → willing person → public official (§ 73-11-58(1)). |
Contrary written consents within five days: greatest number of same-class consents controls; tie goes to earlier consent unless a later signer gets a court order within 20 days (§ 73-11-58(4)). |
No exercise within five days of death waives right to authorize or contest; county coroner may sign after ten days without consent or if listed persons cannot pay (§ 73-11-58(4)–(6)). |
A person finally adjudicated criminally or civilly at fault for the death is barred; chancery court may designate the next available person (§ 73-11-58(2)). |
Chancery court of decedent's county of residence designates next available person after fault adjudication; later same-class signer needs a court order to displace an earlier tie consent (§ 73-11-58(2), (4)). |
Good-faith compliance or attempt protects funeral licensee from civil and criminal liability; provider may act on same-class consent counts and the earlier consent on a tie (§ 73-11-58(4), (8)). |
| Missouri verified 2026-10-05 | Next of kin must consider decedent’s religious, cultural, family, and individual beliefs; statute gives a specific right-of-sepulcher POA grant first rank (§ 194.119(2)(1),(9)). |
Attorney in fact with right of sepulcher specifically granted in durable POA ranks first; next of kin may delegate control by specific or general grant with financial responsibility (§ 194.119(2)(1),(3)). |
Decedent’s grant must be in durable POA and specifically confer right of sepulcher; kin’s later delegation may use specific or general grant under § 404.710 (§ 194.119(2)(1),(3)). |
Specific POA attorney in fact → qualifying military designee → spouse → children → parents/minor’s guardian → siblings → nearest relative → paying friend → coroner or examiner (§ 194.119(2)). |
First equal-rank actor may direct absent known objection and with cost responsibility; known disagreement decided by class majority, with written proxy votes allowed (§ 194.119(7)–(8)). |
Superior claimant waives by dated writing or no objection within 48 hours after in-person or confirmed written notice from inferior claimant (§ 194.119(5)–(6)). |
Listed person generally must be adult, competent, and willing to bear costs; pending divorce excludes spouse; a minor child may act through qualifying guardian (§ 194.119(2)). |
Known equal-rank disagreement goes to class majority; statute specifies written proxy voting, not a special petition procedure (§ 194.119(7)–(8)). |
Director may follow lawful instructions of claimed next of kin; in civil suit, relative fault may be reduced for reliance, subject to statutory conditions (§ 194.119(4),(7)). |
| Montana verified 2026-10-06 | Prepaid mortuary contract or disposition directions: witnessed video or signed writing with two adult witnesses; only an appointed person may substantially revise (§ 37-19-903). |
Adult of sound mind may appoint a disposition controller; a qualifying service member’s DD Form 93 designee has separate first priority (§ 37-19-904(1)–(2)). |
Affidavit or written instrument executed before a notary public, substantially in statutory form (§ 37-19-904(1)). |
DD Form 93 designee → notarized designee → spouse → children → parents → siblings → grandparents → guardian → estate representative → further kin → public official → willing person (§ 37-19-904(2)). |
Majority of children, siblings or grandparents; limited minority may act after notice efforts and no majority opposition; court resolves impasse (§§ 37-19-904(2), 37-19-907(1)–(2)). |
Right passes onward if unexercised within two days of death notice or three days of death, whichever earlier (§ 37-19-906(2)). |
Homicide charge tied to death, pending marital dissolution petition, or court-found estrangement of controller and decedent (§ 37-19-906(1), (3)–(4)). |
District court in decedent’s county of residence may select most fit person after same-rank deadlock; claimant or mortician may petition (§ 37-19-907(1)–(2)). |
Mortician may rely on reasonable belief or first same-rank actor absent objection; good-faith disposition is protected and mortician may pause during dispute (§§ 37-19-907(3), 37-19-908–909). |
| Nebraska verified 2026-10-06 | Adult of sound mind may direct location, manner and conditions by testament, pre-need sale or statutory affidavit; affidavit directions bind designee substantially if lawful and funded (§ 30-2223(1), (2)(a)). |
Affidavit designee ranks first in the ordinary ladder, before spouse; covered military designee has separate overriding priority (§§ 30-2223(2)(a), 38-1425(3)). |
Adult of sound mind signs the statutory right-of-disposition affidavit before a notary; it may attach specific directions and is not a health-care power of attorney (§ 30-2223(2)(a)(ii)). |
Designee → spouse → children → parents → siblings → grandparents → next-degree kin → guardian → estate representative → public board → willing fallback (§ 30-2223(2)(a)–(l)). |
Majority for multiple children, siblings or grandparents; fewer can act after reasonable notice efforts without known majority opposition; any one later-degree kin may act (§ 30-2223(2)(c), (e)–(g)). |
Right passes to next qualified person if unexercised within three days of death notice or four days of death, whichever earlier (§ 30-2223(3)(b)). |
Known first/second-degree murder or voluntary-manslaughter charge tied to death, pending marital-dissolution petition, or court-found estrangement forfeits authority (§ 30-2223(3)(a), (c)–(d)). |
Equal-relationship claimants or funeral home may petition; county court where death occurred may award authority to most fit person and decide disposition (§ 30-2223(4)(a)–(c)). |
Provider may rely on reasonably believed signer or first equal-rank actor absent written objection; during a dispute it may await order or signed agreement (§§ 38-1425(1), 30-2223(4)(d)). |
| Nevada verified 2026-10-05 | Living person may order own burial or cremation; own cremation order must be signed with two witnesses and can bind paid crematory (§§ 451.024(8), 451.655(2)–(4)). |
Person designated in valid document or notarized statutory affidavit leads, apart from narrow active-service DD Form 93 route (§ 451.024(1)(a)–(b),(9)). |
Authorization may be in valid will or durable power of attorney, or notarized affidavit by an adult; statutory affidavit form supplied (§ 451.024(9)). |
Designee → qualifying military form → spouse → adult child → either parent → adult sibling → grandparent → guardian → qualifying attesting person (§ 451.024(1)–(2)). |
For children through guardian classes, funeral establishment or direct cremation facility may require a majority to agree (§ 451.024(4)). |
Unavailability or inability moves right to next class; after due diligence, 30 days without contact or arrangements creates presumption; higher rank can return before disposition (§ 451.024(10)–(12)). |
Arrest or charge for murder or voluntary manslaughter connected with death automatically passes authority for spouse through guardian classes (§ 451.024(3)). |
Provider may require majority within listed family classes; § 451.024 gives no separate special court procedure (§ 451.024(4)). |
Crematory may rely without liability on mailed signed cremation order or signed delegation; paid own-order cremation also protected (§§ 451.660(2), 451.655(4)). |
| New Hampshire verified 2026-10-06 | Written wishes are a factor in court's disputed-arrangement decision; the statute separately recognizes a signed designation of controller (§§ 290:19(IV)(e), 290:17(I)). |
Person named in decedent's written signed document controls first; covered military DD Form 93 designee has a separate route (§ 290:17(I), (I-a)). |
Written document signed by the decedent designating a controller; § 290:17(I) specifies no further execution form. |
Designee → spouse → adult child → parent → adult sibling → adult grandchild → adult niece/nephew → maternal grandparent → paternal grandparent → adult aunt/uncle → adult cousin → other adult relative; funeral director fallback (§§ 290:17(II), (VII), 290:16(IV)). |
Majority of two or more next of kin with same relationship; probate court decides on petition if majority cannot agree (§ 290:17(III)). |
Designee refusal passes control to kin; missing person loses it after reasonable search; next of kin's three-day noncooperation passes control onward (§ 290:17(II), (IV)–(V)). |
Estranged spouse lacks control; an individual holding control who is arrested for criminally causing death loses it (§§ 290:18, 290:17(VI)). |
Probate court for decedent's residence may choose most fit person; relatives, specified closer companions, and equal-rank claimants/funeral director may petition (§ 290:19(I)–(IV)). |
Funeral director acting in good faith may rely on representations by people claiming custody and control (§ 290:17(VIII)). |
| New Jersey verified 2026-10-05 | Appointed controller’s instructions govern funeral/disposition; appointment in will may be used before probate (§ 45:27-22(a)). |
Decedent may appoint controller in will or board form; qualifying active-duty DD Form 93 designee controls in military case (§ 45:27-22(a)). |
Will appointment under will law; separate board form signed by decedent and at least 2 witnesses in their presence, and notarized (§ 45:27-22(a)). |
Spouse/civil-union/domestic partner → majority adult children → parents → majority siblings → next kin; cemetery may rely on another’s writing if no known relatives (§ 45:27-22(a)). |
Majority of equal-right persons; both living, reachable parents must authorize, or one parent if only one living/reached (§ 45:27-22(a)). |
Controller may relinquish; default-class holder must act within 72h of death or after failed reasonable notice right passes; physician-certified incapacity passes right (§ 45:27-22(a)). |
Restraining order against highest class or intentional-killing charge moves right to next class; former spouse/partner loses ordinary priority after dissolution (§ 45:27-22(a)). |
Court of competent jurisdiction may give other directions; equal-right persons ordinarily need majority authorization (§ 45:27-22(a)). |
Cemetery may accept funeral director or apparently entitled person’s written authorization; cemetery/funeral director protected absent reasonable notice of defect (§ 45:27-22(b),(d)). |
| New Mexico verified 2026-10-06 | Own cremation direction in a signed, notarized or two-witness statement, or an express will clause, must be honored (§§ 24-12A-1(A)–(B), 61-32-19(B)–(C)). |
Ordinary family ladder applies without written instructions; covered service-member designation has a separate priority (§ 24-12A-2(A)–(B)). |
No general agent appointment form is set out in the cited disposition sections; the decedent's own cremation statement needs notarization or two witnesses (§ 24-12A-1(A)). |
Spouse → majority of adult children → parents → majority of siblings; the two current sections reverse next-degree kin and caregiving adult (§§ 24-12A-2(A), 61-32-19(F)). |
Majority of surviving adult children or siblings; surviving parents and later classes follow those majority classes (§§ 24-12A-2(A), 61-32-19(F)). |
The cited priority provisions condition the ladder on no written instructions and state no fixed nonresponse or waiver period (§§ 24-12A-2(A), 61-32-19(F)). |
The cited priority provisions name no express homicide-charge or estrangement exclusion; a caregiving adult must meet the stated care, knowledge, willingness and ability conditions (§§ 24-12A-2(A)(6), 61-32-19(F)(5)). |
These disposition sections do not name a court selection or expedited dispute procedure; their conflicting later ranks require resolution on the facts (§§ 24-12A-2(A), 61-32-19(F)). |
Good-faith reliance on a conforming cremation statement is protected; lack of actual revocation notice supports good faith (§§ 24-12A-1(C)–(D), 61-32-19(D)–(E)). |
| New York verified 2026-10-05 | Controller must carry out lawful, practicable directions with financial resources considered; certain will directions reflect intent (§ 4201(2)(c), (4)). |
Decedent’s § 4201(3) written-instrument agent ranks first; the form permits successive substitute agents (§ 4201(2)(a)(i), (3)). |
Decedent and agent sign and date the instrument; the statutory form has two adult witnesses and agent acceptance; later instrument or specific revoking act can supersede (§ 4201(3), (5)). |
Agent → spouse → domestic partner → adult children → either parent → adult siblings → specified guardian → closest eligible heirs → estate fiduciary → qualified friend/relative → public officer (§ 4201(2)(a)). |
If more than two adult children, siblings, or eligible heirs qualify, majority of reasonably available members decides; either parent may act (§ 4201(2)(a)). |
Unavailable, unwilling, or incompetent controller yields to equal-rank persons and then next class; spouse/partner agent designation ends on stated relationship termination unless preserved in writing (§ 4201(2)(b), (5)). |
Order of protection at death or arrest/charge for a causally related Penal Law art. 125 offense bars control, subject to specified court waiver/modification (§ 4201(2)(e)). |
Court of competent jurisdiction uses a CPLR article 4 special proceeding; provider may await an order or signed resolution (§ 4201(8)). |
Good-faith protection for listed providers after a requested and received written statement of agent status or priority/no known instrument; provider may pause during contested control (§ 4201(7)–(8)). |
| North Carolina verified 2026-10-05 | Adult may specify type/place/method by preneed contract, cremation authorization, health care power of attorney, will, or signed writing with 2 adult witnesses (§ 130A-420(a)). |
Adult may delegate disposition right to any person by method in subsection (a); qualifying DD Form 93 delegation takes priority in military case (§ 130A-420(a1)). |
Delegation uses one of listed written routes; standalone statement signed by adult and 2 adult witnesses; preneed cremation form also has 2 witnesses (§§ 130A-420(a),(a1), 90-210.126(a)). |
Spouse → majority adult children → parents → majority adult siblings → majority next kin → caring person → public officer → institutional representative → willing other (§ 130A-420(b)). |
Located adult children, siblings, and next-degree kin act by majority after reasonable search; statute lists parents jointly (§ 130A-420(b)(2)–(5)). |
Notarized or 2-witness waiver permitted; nonresponse by earlier of 5 days after notice or 10 days after death deemed waiver (§ 130A-420(b),(b1)). |
Incompetent person at death treated as predeceased; attending physician may certify incompetence for this section (§ 130A-420(b)). |
For disputed cremation, crematory may await court order or suitable confirmation of settlement; after burial, change needs law or court order for good cause (§§ 90-210.131(d)–(e), 130A-420(b2)). |
Cremation form states agent’s authority and superior/equal-priority information; compliant cremation has liability protection, and crematory may pause over dispute (§§ 90-210.125(a)(6)–(7),(c), 90-210.131(d)). |
| North Dakota verified 2026-10-06 | Signed, dated adult statement authorizes lawful disposition without others’ consent; known instructions are honored when reasonable and possible without hardship (§§ 23-06-31(1)–(3), 23-06-03(7)). |
Competent adult given duty in § 23-06-31 statement ranks first and may decline unless otherwise responsible (§ 23-06-03(1)(a)). |
Written statement signed and dated by legally competent adult; may be in will; no witness or acknowledgment specified (§ 23-06-31(1)). |
Named adult → qualifying spouse → majority adult children → parents → adult siblings → adult grandchildren → grandparents → adult nieces/nephews → health-care guardian → caring adult → further kin → public/court authority (§ 23-06-03(1)). |
Majority for adult children, siblings, grandchildren and nieces/nephews; parents/grandparents equal authority; district court handles contested vote (§ 23-06-03(1), (4)). |
Refusal/declining passes to same-rank or next-rank person; failure to arrange within chapter time passes onward; ordinary disposition deadline is eight days with exceptions (§§ 23-06-03(3), (5), 23-06-04(1)). |
Spouse barred by listed intentional-felonious-killing triggers; district court can skip sole estranged person in a relationship degree (§ 23-06-03(1)(b)–(c), (2)). |
Disputants or funeral director may petition district court in decedent’s county of residence; court weighs wishes, relationships, resources and participation (§ 23-06-03(4)). |
Funeral provider may rely on represented majority absent actual knowledge; good-faith reliance on instructions, reasonable claimant or apparent document protects provider (§§ 23-06-03(1)(c), (e), 23-06-31(4)). |
| Ohio verified 2026-10-05 | Declaration may record disposition preferences, including religious observances; it assigns binding decision rights to a representative (§§ 2108.70(B), 2108.72(A)(3),(7)). |
Sound-minded adult assigns one or more disposition rights to adult individual/group and may name successor; appointment supersedes default ladder (§ 2108.70). |
Declaration states required details/preferences; signed and dated before notary or two unrelated adult witnesses, with DD Form 93 form-witness exception (§§ 2108.72–.73). |
Spouse → child(ren) → parent(s) → siblings → grandparents → grandchildren → grandparent descendants → guardian → willing other after search → public officer for indigent (§ 2108.81(B)). |
Majority of entitled group/class, or majority of those located after reasonable efforts; probate court decides if no majority. A qualifying prior residential-custodial parent precedes other parent (§§ 2108.79, 2108.81(C)). |
Disqualified for resignation, inability to locate, cost refusal, or failure to act within 48 hours after notice or 72 hours without notice; right automatically passes to next eligible person (§§ 2108.75, 2108.88). |
Specified homicide/domestic-violence charges, pending marriage-termination action, or court-found estrangement disqualify; dismissal/acquittal restores charge-based right (§ 2108.77). |
Probate court resolves no-majority decisions and may assign right on motion; provider may await court order or qualifying writing during dispute (§§ 2108.79(C), 2108.82(A), 2108.83). |
Good-faith reliance on declaration or reasonably believed controller is protected; provider may pause during dispute (§§ 2108.83, 2108.86). |
| Oklahoma verified 2026-10-05 | Decedent leads with pre-need funeral contract or qualifying written document; personal directions have express protection (§§ 1151(A), 1158(1)). |
Decedent may assign right by sworn affidavit naming recipient, or appoint representative by executed witnessed writing (§§ 1151(B), 1158(2)). |
Assignment requires sworn affidavit; appointed representative requires executed and witnessed writing meeting Oklahoma requirements (§§ 1151(B), 1158(2)). |
Decedent → appointee → spouse → adult children → parents → adult siblings → guardian → next kin → public officer for public expense → attesting willing person (§ 1158). |
Majority of reasonably locatable adult children or siblings; any same-degree next kin may act; unresolved equal-rank majority dispute may go to court (§§ 1158(4),(6),(8), 1158a(1)). |
Right passes after no action within 3 days of death notice or 5 days of death, whichever earlier (§ 1151a(2)). |
Known murder or voluntary-manslaughter charges connected with death, or district-court finding of estrangement, cause forfeiture; dropped charges or acquittal restore right (§ 1151a(1),(3)). |
County-of-residence district court may award right to most fit person or decide disagreement; claimant or funeral director may petition after equal-rank majority deadlock (§ 1158a(1)–(2)). |
Written authorization protects compliant provider; reasonable reliance on false agent claim protected; provider may pause for dispute or questionable claim (§§ 1158a(3), 396.29(C)–(D)). |
| Oregon verified 2026-10-05 | Adult of sound mind may use a signed writing or arrangements with licensed funeral practitioner; unaffordable or unlawful direction is void (§ 97.130(1),(7)). |
Decedent or authorized priority holder may delegate to an adult; appointee has delegator's authority (§ 97.130(3),(8)). |
Delegator signs statutory or substantially similar form; notary or two competent adult witnesses; appointee cannot witness (§ 97.130(3),(8)). |
First available class is spouse → adult child → either parent → adult sibling → guardian → next kindred → estate personal representative → will nominee → public health officer (§ 97.130(2)). |
A class member may act by writing absent actual notice of written opposition by a member of that or a prior class; no majority count is stated (§ 97.130(2)). |
Public health officer may direct if no one directs and authorizes within 10 days after death; later direction may replace earlier direction (§ 97.130(5),(9)). |
Person arrested for or charged with criminal homicide by reason of death cannot direct disposition (§ 97.130(10)). |
Written opposition from same or prior class blocks simple authorization; two conflicting writings received before disposition defeat provider's priority safe harbor (§§ 97.130(2), 97.145). |
Provider following decedent's or priority holder's written instrument is shielded from priority liability unless it receives two or more conflicting writings first (§ 97.145). |
| Pennsylvania verified 2026-10-05 | Disposition is subject to a valid will; explicit sincere unrevoked verbal or written contrary intent can be established in the § 305(d) court route (§ 305(a), (e)). |
Signed military DD Form 93 may govern if executed later than a valid will; court may appoint an attorney in fact after qualifying proof (§ 305(a.1), (d)(1), (e)). |
Section 305(e) defines contrary intent as explicit, sincere, verbal or written, by an adult or emancipated minor and unrevoked; DD Form 93 must be signed (§ 305(e)). |
Surviving spouse ordinarily has sole authority; then adult or emancipated next of kin in intestacy order: issue, parents, siblings/parents’ issue, further kin (§ 305(b)–(c), (e); § 2103(a)). |
Two disagreeing equal-rank kin: court prefers closest relationship; more than two: majority decides, with court tie-break if no majority (§ 305(d)(2)). |
Waiver and agreement, enduring estrangement, incompetence, or contrary intent may displace ordinary controller on clear and convincing proof (§ 305(b)–(d)). |
Enduring estrangement or incompetence may displace ordinary spouse/kin control after clear and convincing proof (§ 305(b)–(d), (e)). |
Petition within 48 hours of death or discovery may prompt court hold; equal/higher-ranked people and funeral home get concurrent notice; court resolves merits (§ 305(d)). |
Funeral home receives concurrent notice of a timely § 305(d) petition; court may halt final disposition while deciding it (§ 305(d)). |
| Rhode Island verified 2026-10-06 | Principal-signed, still-effective funeral service contract controls covered goods, services and disposition; unlawful terms need not be followed (§ 5-33.2-24(1)). |
Adult of sound mind may designate primary funeral planning agent and optional alternate; accepted agent precedes survivors (§§ 5-33.3-2(a), 5-33.3-3(a), 5-33.2-24(2)(i)). |
Agent signs acceptance; § 5-33.3-4 supplies witness/notary model and requires distribution of signed notarized originals upon proper execution (§§ 5-33.3-3(d), 5-33.3-4). |
Agent → spouse/domestic partner → adult children → parents → siblings → adult grandchildren → adult nieces/nephews → guardian (§ 5-33.2-24(2)). |
Listed survivor classes are plural; § 5-33.2-24(2) does not prescribe a vote or first-actor rule within a class. |
Designated agent need not serve if unwilling or incapable; alternate may serve; § 5-33.2-24(2) lists the survivor fallback (§§ 5-33.3-3(c), 5-33.3-4(a)). |
Agent may serve only one non-relative at a time; § 5-33.3-3(d) limits multiple non-relative appointments. |
§ 5-33.2-24(2) sets priority but does not name a dispute tribunal or petition process. |
Funeral providers and cemeteries are held harmless from civil suit for complying with these chapters (§§ 5-33.2-24(3), 5-33.3-3(e)). |
| South Carolina verified 2026-10-05 | Own cremation authorization form controls cremation and cremated-remains instructions, subject to required documents and payment; written revocation before death (§ 32-8-315(A)–(D)). |
Decedent’s agent named in will or other verified and attested document leads cremation order; narrow service-member DD Form 93 alternative (§ 32-8-320(A)(1)). |
Will or verified and attested designation; agent signs board-prescribed cremation form, or sends notarized signed fax if absent (§§ 32-8-320(A)(1), -325(A)(2),(B)). |
For cremation: designated agent → nonseparated spouse → adult children → parents → adult siblings → adult grandchildren → grandparents → probate guardian → other lawful obligor; then estate representative, public official, or caring adult (§ 32-8-320(A),(D)). |
One class member may authorize cremation absent known peer objection; on known objection, majority of reasonably available peers; probate order for unresolved equal-rank dispute (§ 32-8-320(B),(E)). |
Prior class bars a lower class only while reasonably available to act or object; if no listed agent, statutory fallback applies (§ 32-8-320(C)–(D)). |
Spouse excluded from cremation priority after specified separation order or signed marital/property settlement (§ 32-8-320(A)(2)). |
Equal-priority cremation dispute resolved by probate-court order (§ 32-8-320(E)). |
Crematory protected for compliant authorization and may refuse during known dispute; receiving funeral home may rely on transferring home’s authorization in good faith (§§ 32-8-320(F), -325(D), -350(A)–(B)). |
| South Dakota verified 2026-10-06 | Person has right to direct body disposition; adult of sound mind may use preneed contract; attached lawful, funded affidavit directions bind designee (§§ 34-26-1, -74, -77). |
Adult of sound mind may designate controller by affidavit; designee ranks before qualifying DD Form 93 holder and family (§§ 34-26-75(1)–(3), -77). |
Affidavit executed before notary public in substantially statutory form; may attach lawful funded directions (§ 34-26-77). |
Affidavit designee → military designee → spouse → children → parents → siblings → grandparents → will-named representative → guardian → further kin → public official → willing attesting person (§ 34-26-75). |
Children, siblings and grandparents use majority, with limited lesser-number notice path; one further kin of same degree may act; court decides deadlock (§§ 34-26-75(4), (6)–(7), (10), -78(1)). |
Failure to act within two days of death notice or three days after funeral home takes remains, whichever earlier, forfeits right (§ 34-26-76(2)). |
Known charge of first/second-degree murder or voluntary manslaughter tied to death; pending divorce petition; court-found estrangement (§ 34-26-76(1), (3)–(4)). |
Court in decedent’s county may select most fit controller; equal-rank holder or funeral home can petition after failed majority (§ 34-26-78). |
Funeral home may rely on reasonably believed authority or first equal-rank actor absent objection; good-faith reliance protected and provider may pause during dispute (§§ 34-26-78(3), -79–80). |
| Tennessee verified 2026-10-05 | Qualified adult may direct by signed writing notarized or witnessed by two qualified adults, or by a pre-need contract; inadequate funding may permit revision (§§ 62-5-701–702). |
Attorney in fact under durable health-care power of attorney, acting under § 34-6-204, leads default list when no directions or contract (§ 62-5-703(1)). |
Durable power of attorney for health care; attorney in fact must act under § 34-6-204 (§ 62-5-703(1)). |
Health-care attorney in fact → spouse → children → parents → siblings → grandchildren → grandparents → guardian → estate representative → next kin → public officer → willing person (§ 62-5-703). |
Majority of children, siblings, grandchildren, or grandparents; limited smaller-group exception after reasonable notice and no majority opposition; next-degree kin: any one (§ 62-5-703(3),(5)–(7),(10)). |
Right passes on if not exercised within 72 hours of death notice or 168 hours after death, whichever earlier (§ 62-5-704(2)). |
Known conviction for specified homicide offenses connected to decedent’s death forfeits the right (§ 62-5-704(1)). |
Equal-rank holders or funeral establishment may petition court with probate jurisdiction if a majority cannot decide (§ 62-5-705). |
Establishment may rely on authorization from someone reasonably believed to hold right; good-faith reliance carries liability protection, and disputed direction permits pause until order or signed agreement (§§ 62-5-706–708). |
| Texas verified 2026-10-05 | Will, prepaid funeral contract, or signed and acknowledged writing; carry out if financially able (§ 711.002(g)–(h)). |
Decedent-designated person ranks first, before spouse and family (§ 711.002(a)(1)). |
Decedent signs and acknowledges; agent signs before acting; later conforming writing changes it (§ 711.002(c)). |
Spouse → any adult child → either parent → any adult sibling → executor/administrator → next adult kin (§ 711.002(a)). |
Any one adult child or sibling may act; disputes go to probate-jurisdiction court (§ 711.002(a)(3),(5),(k)). |
No arrangement/delegation by earlier of day 6 after notice or day 10 after death: right passes (§ 711.002(a-1)). |
Specified death-related family-violence arrest/warrant or protective-order application/order bars control (§ 711.002(l)). |
Court with probate jurisdiction resolves authority dispute, even before probate opens (§ 711.002(k)). |
Provider may follow asserted authority or pause during dispute until resolution (§ 711.002(i),(k)). |
| Utah verified 2026-10-05 | Notarized or will-formality written directions bind funeral director when lawful and resources supplied; will directions apply despite later probate (§ 58-9-601). |
Adult competent designee in notarized or will-formality writing leads; death-terminating power of attorney excluded (§ 58-9-602(1)). |
Written instrument acknowledged before notary or executed with will formalities; person must be 18 and competent (§ 58-9-602 introductory text, (1)). |
Designee → spouse (subject to later will nominee) → will nominee → children → parents → siblings → next kin → guardian → public official → attesting willing person (§ 58-9-602). |
Majority of surviving children or siblings, with notice/no-majority-opposition route for smaller group; any same-degree next kin may act (§ 58-9-602(4),(6),(7)). |
No action within 3 days after death notice or 5 days after death, whichever earlier, passes right; written directions may be changed or canceled by notice (§§ 58-9-601(4), 58-9-603(2)(b)). |
Known first/second-degree murder or voluntary-manslaughter charge connected to death, or probate-court finding of estrangement, forfeits right (§ 58-9-603(2)). |
County-of-residence probate court may award right to most fit person or resolve shared-right dispute; peer or director can petition after majority deadlock (§ 58-9-605). |
Director may follow reasonably believed holder and first equal-rank next of kin absent known objection; good-faith immunity (§ 58-9-606). |
| Vermont verified 2026-10-06 | Written directive precedes statutory priority; advance directive may include remains and funeral directions (§§ 5227(a), 9701(1)). |
Individual appointed under advance-directive chapter ranks first when no written directive; adult with capacity may execute directive (§§ 5227(a)(1), 9703(a)). |
Advance directive dated and executed by principal, with two adult witnesses; agent and close family cannot witness; institution execution adds explanation requirement (§ 9703(a)–(e)). |
Advance-directive appointee → spouse → children → parents → siblings → other kin → guardian → attesting willing person → provider → Chief Medical Examiner (§ 5227(a)). |
Majority of children, siblings and same-degree kin; narrow below-majority route after prompt notice efforts when majority cannot be contacted and no opposition known (§ 5227(a)–(b)). |
Waiver can permit willing-person fallback; failure to act within three days of death notice or five days of death, whichever earlier, forfeits right (§§ 5227(a)(8), 5228(2)). |
Known likely murder/manslaughter suspect or prosecution; Probate Division estrangement finding or other court order can forfeit right (§ 5228(1), (3)–(4)). |
Near relative or custodian may petition Probate Division to appoint controller or resolve disposition; summary action and prompt hearing (§§ 5231(a), 5232(a)). |
Provider may pause during court action; good-faith reliance on contract/authorization or reasonably believed controller limits civil liability and discipline (§§ 5231(d), 5233). |
| Virginia verified 2026-10-05 | Expressed wishes guide a court resolving kin disagreement; a signed, notarized writing may appoint the decision maker (§§ 54.1-2807.01(B), 54.1-2825(A)). |
Accepted written designee has priority over others if document copy reaches funeral provider and cemetery, if any, within 48h of provider receipt of remains (§ 54.1-2825(A)). |
Decedent signs a notarized writing; designee accepts in writing; deliver copy within 48h after provider receives remains (§ 54.1-2825(A)). |
“Next of kin” includes spouse, adult children/siblings, specified parents, guardians, grandparents, maternal/paternal siblings and other blood kin; definition lists eligible people without ranking family classes (§ 54.1-2800). |
Disagreeing next of kin may petition circuit court; court weighs wishes and relationships (§ 54.1-2807.01(A)–(B)). |
If kin, designee, health-directive agent or guardian is absent, fails or refuses to act, another willing adult who identifies the body and pays may arrange disposition (§ 54.1-2807.02). |
No kin-specific misconduct bar in the next-of-kin/dispute provisions; guardian power requires no known designee and no willing or locatable kin (§§ 54.1-2800, 54.1-2807.01, 64.2-2019(F)). |
Any disputing kin may petition circuit court of decedent’s residence; timely provider notice pauses arrangements, subject to 30-day fallback (§ 54.1-2807.01(A)–(C)). |
Provider may rely on signed next-of-kin affirmation or unprobated will; may pause on identity dispute until order or signed agreement (§§ 54.1-2807.03, 54.1-2807.01(D)). |
| Washington verified 2026-10-05 | Person’s signed writing made in a witness’s presence authorizes stated place/method; prepaid or filed prearrangements resist survivor revision, subject to reasonable-cost trigger (§ 68.50.160(1)–(3)). |
Written designated agent follows qualifying military designee and precedes family; agent directs type, place and method (§ 68.50.160(3)(a)–(c)). |
Document naming agent signed and dated by decedent in a witness’s presence (§ 68.50.160(3)(b)). |
Spouse/registered partner → majority adult children → surviving parents → majority siblings → court-appointed guardian; military designee and written agent precede family (§ 68.50.160(3)). |
Majority of surviving adult children or siblings controls; statute lists “surviving parents” without a separate vote formula (§ 68.50.160(3)(d)–(f)). |
No fixed inaction clock in § 68.50.160; after good-faith search provider may accept authorization from most responsible available party (§ 68.50.160(5)). |
Arrest or charge for first/second-degree murder or first-degree manslaughter connected with death passes control down the list (§ 68.50.160(4)). |
No dedicated contest petition in § 68.50.160; adult-child/sibling majorities govern, with provider good-faith fallback when authorized people cannot be located (§ 68.50.160(3),(5)). |
Provider protected for prepaid/filed plan without actual contrary knowledge, or authorization from most responsible available party after good-faith search (§ 68.50.160(2),(5)). |
| West Virginia verified 2026-10-06 | Adult's preneed contract controls covered directions if funding suffices; § 30-6-22(a) also requires inquiry about will and advance-directive wishes (§§ 30-6-22a(a), 30-6-22(a)). |
Notarized affidavit designee ranks first after uncovered preneed matters; attached lawful directions substantially bind designee if estate can fund them (§ 30-6-22a(b)(1)). |
Adult of sound mind executes affidavit before a notary, naming designee and optionally attaching disposition directions (§ 30-6-22a(b)(1)(B)). |
Designee → spouse → children → parents → siblings → grandparents → adult grandchildren → guardian → estate representative → further kin → public officer → willing fallback (§ 30-6-22a(b)). |
Majority for multiple children, siblings or grandparents, with notice-based smaller-group routes; any one later-degree kin may act (§ 30-6-22a(b)(3), (5)–(6), (10)). |
Right passes after two days from death notice or three days from death, whichever earlier, if unexercised (§ 30-6-22a(c)(2)). |
Known murder or voluntary-manslaughter charge tied to death, or pending marital-dissolution petition, forfeits right; dismissal/acquittal restores charged person's right (§ 30-6-22a(c)(1), (3)). |
The statutory rank and majority/notice rules address competing claims; § 30-6-22a does not name a special court petition procedure. |
Funeral home may follow reasonably believed controller and first equal-rank actor absent written objection; good-faith compliance is protected (§ 30-6-22a(d)–(e)). |
| Wisconsin verified 2026-10-05 | Adult of sound mind may state special directions in authorization; representative follows them unless resources insufficient, unlawful, or impossible (§ 154.30(8)(a)–(c)). |
Named representative, then named successor, leads ahead of spouse; professional-service conflict restricts unrelated providers (§ 154.30(2)(a)1.,(8)(e)). |
Authorization names/address and is signed by each representative/successor; declarant signs/dates before two eligible adult witnesses or notary (§ 154.30(8)(d)1.–2.). |
Representative → spouse → children → parents → siblings → next-degree kin → guardian → willing person after good-faith contact efforts (§ 154.30(2)(a)1.–8.). |
Majority of surviving children or siblings controls; smaller group may act after reasonable peer notice without known majority opposition (§ 154.30(2)(a)3.,5.). |
Right lost after two days from death notice or inability to locate after reasonable effort; authorized person may decline or resign (§ 154.30(3)(b)2.,(4)). |
Known charge for named homicide offenses, pending marriage-termination action, or probate finding of estrangement excludes holder; dismissal or acquittal restores specified authority (§ 154.30(2)(b),(3)(b)1.–4.). |
Probate court of decedent’s residence may select most fit controller when equal-rank people cannot agree; relatives, qualifying claimant, tied holders, or custodian may petition (§ 154.30(3)(c),(7)). |
Provider may pause disputed disposition until probate order or signed agreement; good-faith reliance on first lower-rank claimant protected absent contrary written notice (§ 154.30(5)(a),(e)). |
| Wyoming verified 2026-10-06 | Written entombment, burial or cremation instructions govern provider; a written designee’s instructions also govern (§ 2-17-101(a)). |
Decedent may designate and authorize another person in a document; qualifying military-mandated form is valid (§ 2-17-101(a)). |
§ 2-17-101(a) calls for a document designating and authorizing the person; it specifies no additional witness/notary form. |
Spouse → any adult child → either parent → adult sibling → grandparent → stepchild → guardian; then another relation/friend, then coroner (§ 2-17-101(b), (d)). |
Contrary written consents within three days: greatest number in highest class wins; equal number favors earlier consent unless later signer obtains district court order (§ 2-17-101(c)). |
No priority-holder lapse clock in § 2-17-101; if no consent within seven days of death, county coroner may sign (§ 2-17-101(d)). |
If no listed survivor exists or none is competent to sign, another legitimate relation or friend may consent (§ 2-17-101(d)). |
On equal written consents, later signer may seek district court order in funeral establishment’s county; must show decedent’s wishes by preponderance (§ 2-17-101(c)). |
Provider following section, or trying in good faith, has civil immunity; may act on first written consent unless contrary consent arrives within three days (§ 2-17-101(c), (e)). |
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