Disposition of Remains Decision Authority in Colorado
At a glance
| Decedent's own directions | 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)). |
|---|---|
| Appointed decision maker | Declaration may appoint a disposition decision maker; most recent declaration controls, subject to narrow military-record exception (§ 15-19-104(1)(b),(3)(a)). |
| Agent document formalities | 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)). |
| Family and other priority order | 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)). |
| Equal-priority tie rule | 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)). |
| Failure to act or waiver | 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)). |
| Persons barred from control | 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). |
| Resolving a contested claim | Probate court decides disputes among priority claimants and challenges to declaration validity or declarant competence (§§ 15-19-105(3), -106(3)). |
| Funeral-provider reliance | 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)). |
Requirements one by one
Directions and an appointed decision maker
A competent adult can give disposition instructions or appoint a decision maker in a declaration (§§ 15-19-103(2)–(3), 15-19-104(1)). A declaration may appear in a will, prepaid contract, power of attorney, designated beneficiary agreement, or another writing. It must be signed and dated; § 15-19-104(5) permits a witness or notarization. The most recent declaration prevails over another disposition document, subject to the statute's narrow military-record exception (§ 15-19-104(3)(a)). Section 15-19-105(2) makes valid directions binding against contrary family wishes when the deceased provided the needed resources and no validity challenge is pending.
Priority and equal-rank decisions
When a declaration does not settle control, § 15-19-106(1) starts with an appointed personal representative or special administrator, or the will's nominee if neither has been appointed. A nonseparated spouse follows, then a person granted disposition authority by a designated beneficiary agreement. Adult children, parents or legal guardians, and adult siblings follow by majority. Parents or guardians must act in writing. A willing person who assumes legal and financial responsibility comes next. If none can act, the public administrator or county official responsible for indigent disposition arranges it (§ 15-19-106(5)).
Loss of priority and disputes
Under § 15-19-106(4), inability, unwillingness, or inability to locate a holder moves the right first to others of the same degree, then to the next class. Failure to arrange disposition within five days after death notice or ten days after death, whichever is earlier, creates a presumption that the holder cannot or will not act. Such a person is excluded from the class's majority count. Probate court resolves disputes among priority claimants (§ 15-19-106(3)) and challenges to a declaration's validity or the declarant's competence (§ 15-19-105(3)).
What trips people up
A pending declaration challenge changes what a provider must do. Section 15-19-105(3) protects a third party that pauses disposition until an order or reasonable confirmation of resolution. Section 15-19-106(3) gives similar protection during a priority dispute; §§ 15-19-105(1) and 15-19-106(6) protect specified reliance on a declaration or claimant's authorization.
An arrest, charge, or conviction for a covered felony involving the decedent's death bars that person's control. If no charges are brought, charges are dismissed, or the person is acquitted before final disposition, § 15-19-109 removes that bar.
Common questions
Does a health-care power of attorney count? Section 15-19-103(3) allows a declaration within a medical power of attorney, but the writing still must direct lawful disposition and satisfy the declaration rules; appointment alone should not be assumed to settle disposition.
Does a spouse always outrank an estate representative? No. Section 15-19-106(1)(b)–(c) places an appointed estate representative or qualifying will nominee before a spouse in the statutory fallback order.
Can the decedent change a declaration? Section 15-19-107(3) permits written revocation or intentional physical destruction. Under § 15-19-107(4), later divorce, annulment, or legal separation normally revokes a delegation to the spouse, while leaving the declaration's other provisions intact.
Statutes and sources
- Colo. Rev. Stat. § 15-19-103(2)–(3), § 15-19-104(1), § 15-19-104(3)(a)(I), § 15-19-104(3)(a)(II)(A), § 15-19-104(5), § 15-19-105(1)(a)–(b), § 15-19-105(2), § 15-19-105(3), § 15-19-106(1), § 15-19-106(3)–(6), § 15-19-107(2)–(4), and § 15-19-109: current official 2026 Title 15 printout, quoted with the source URL and access date above.
Source links
Every statute quoted above, linked, with the date we checked it.
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