Disposition of Remains Decision Authority in District of Columbia

Short answer A competent adult may sign and date directions for disposition or designate a representative to decide after death. Without directions, the District ranks a spouse or domestic partner, adult children, parents, further kin and an adult friend or volunteer. A court of competent jurisdiction resolves disputes over control.
State
District of Columbia
Statute checked
October 6, 2026
Sources
2 statutes

At a glance

Decedent's own directionsCompetent adult may decide disposition by dated, signed document without another person’s consent; written revocation allowed (§ 3-413(b)(1), (c)–(d)).
Appointed decision makerCompetent adult may designate a representative whose authority begins at death; designation supersedes default family order (§ 3-413(b)(2)).
Agent document formalitiesDated, signed document clearly communicating intent to designate representative; may be included in specified health-care document (§ 3-413(b)(2)(B), (c), (e)).
Family and other priority orderCompetent spouse/domestic partner → adult children → parents → next kindred → adult friend or volunteer (§ 3-413(a)).
Equal-priority tie ruleMajority 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)).
Failure to act or waiver§ 3-413(d) permits written revocation of document at any time; default ladder applies where decedent gave no other directions (§ 3-413(a)).
Persons barred from controlDefault spouse, child, parent and kin classes require competence; § 3-413(a) states that condition for each applicable class.
Resolving a contested claimCourt of competent jurisdiction resolves control/disposition dispute, weighing practical arrangements, ties, wishes/resources and participation (§ 3-413.01).
Funeral-provider reliancePriority and dispute provisions direct a contested control claim to court; §§ 3-413 and 3-413.01 do not specify a provider reliance rule.

Requirements one by one

Directions and representative

D.C. Code § 3-413(b)(1) lets a competent adult decide disposition by a document without consent from another person. Subsection (b)(2) allows a designated representative instead if the document clearly communicates that intent; the designation begins at death. Under subsection (c), the document is dated and signed by the adult, and subsection (d) permits written revocation at any time. It may be included in the specified health-care document under subsection (e).

Family priority and ties

If the decedent gave no other directions, § 3-413(a) ranks a competent surviving spouse or domestic partner, competent adult children, competent parents, competent adult next kindred, then an adult friend or volunteer. A majority of adult children or more remote same-degree kin controls. A smaller group may act after reasonable efforts to notify others if it knows of no opposition by more than a majority of its class. The parent provision lets the remaining parent act after unsuccessful reasonable efforts to locate the absent parent.

What trips people up

D.C. Code § 3-413.01 assigns disputes over who controls or disposes of remains to a court of competent jurisdiction. It directs the court to weigh practical arrangements and resources, personal ties, the decedent's expressed wishes and resources, and participation by mourners. The priority and dispute sections do not themselves set a funeral-provider reliance rule.

Common questions

Can the decedent name someone outside the family? Section 3-413(b)(2) permits designation of an individual; the default family ladder applies when no other directions were given under subsection (a).

Must a designation be notarized? Section 3-413(c) requires a date and signature, while subsection (b)(2)(B) requires clear designation language.

Statutes and sources

  • D.C. Code §§ 3-413, 3-413.01: directions, family priority and disputes, quoted with official URLs above.

Source links

Every statute quoted above, linked, with the date we checked it.

D.C. Code § 3-413 · accessed 2026-10-06
D.C. Code § 3-413.01 · accessed 2026-10-06
This page summarizes statutes on who may direct the disposition of remains, not advice for a particular death or family dispute. Medical examiner duties, military forms, contracts, and local funeral requirements can affect the process. Check current official law before acting.

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