Disposition of Remains Decision Authority in Indiana

At a glance

Requirements one by one

Written directions and designee

Ind. Code § 29-2-19-8 requires a funeral planning declaration to be voluntary, written, dated, and signed in the presence of two eligible adult witnesses. It must name a designee and cannot be embedded in a will or power of attorney. Under § 29-2-19-10, the most recent declaration prevails over another document about the covered funeral preferences. Section 29-2-19-11 makes its directions binding as though the declarant were alive and competent, while § 29-2-19-8(d) conditions a provider’s obligation on receiving consideration.

Fallback order

If a declaration designee cannot or will not serve, § 29-2-19-16 sends authority to § 29-2-19-17’s order unless the declaration provides otherwise. That order puts a specifically authorized attorney in fact or health-care representative before the spouse, then adult children, parents, siblings, a guardian, more distant kin, stepchildren, the estate administrator, and a willing person. Section 30-5-5-16(e) bars creation of new health-care powers under that power-of-attorney chapter after December 31, 2022; the separate health-care advance-directive route remains in the order.

Equal-rank decisions

Section 29-2-19-17 uses a majority for multiple adult children, siblings, kin of the same degree, and stepchildren. A smaller group can act after reasonable efforts to notify the others, provided it knows of no opposition by more than half the class.

Loss and exclusions

For cremation, § 23-14-31-26(e) transfers the right if a holder does not act within 72 hours after receiving death notice. Its spouse tier excludes a spouse with a pending dissolution or separation petition unless reconciliation is judicially found, and also permits exclusion after the specified judicial separation finding. Subsection (c) excludes a person when the coroner and investigating agency make the prescribed reasonable-suspicion determination about a criminal death. Under § 29-2-19-8(e), a funeral service provider generally cannot be named as an unrelated declaration designee.

Disputes and provider reliance

A declaration validity contest under § 29-2-19-19 gets docket priority in the county where the remains are located. The cremation chapter places a disposition dispute cause in the resident decedent’s county probate court under § 23-14-31-26(h). Sections 29-2-19-11 and 23-14-31-48 protect stated good-faith reliance and a crematory’s refusal while a dispute is unresolved.

What trips people up

Indiana’s general declaration order in § 29-2-19-17 and its cremation authorizing-agent list in § 23-14-31-26 substantially overlap, but the cremation provision adds exclusions and a response deadline. Check which type of decision is being made before applying those limits.

Common questions

Can I place funeral directions in my will? A statutory funeral planning declaration cannot be included in a will under § 29-2-19-8(a).

Can a designee be replaced? Under § 29-2-19-16, the statutory order takes over if a designee cannot or will not serve, unless the declaration says otherwise.

Statutes and sources

• Ind. Code § 29-2-19-8: “Sec. 8. (a) A person who is of sound mind and is at least eighteen (18) years of age may execute a funeral planning declaration substantially in the form set forth in section 13 of this chapter. A declaration may not be included in a will, a power of attorney, or a similar document. (b) A declaration must meet the following conditions: (1) Be voluntary. (2) Be in writing. (3) Direct an individual to serve as the declarant's designee. (4) Be signed by the person making the declaration or by another person in the declarant's presence and at the direction of the declarant. (5) Be dated. (6) Be signed in the presence of at least two (2) competent witnesses who are at least eighteen (18) years of age. (c) The following may not be a witness to a declaration under subsection (b)(6): (1) The person who signed the declaration on behalf of and at the direction of the declarant. (2) A parent, spouse, or child of the declarant. (3) An individual who is entitled to any part of the declarant's estate whether the declarant dies testate or intestate, including an individual who could take from the declarant's estate if the declarant's will is declared invalid. For purposes of subdivision (3), a person is not considered to be entitled to any part of the declarant's estate solely by virtue of being nominated as a personal representative or as the attorney for the estate in the declarant's will. (d) A declaration is not binding upon a funeral home, a cemetery, any other person engaged in the business of providing funeral services, any other person selling merchandise or grave markers, or any other person providing a service or other property subject to the declaration until the person receives consideration for the service, merchandise, or other property. If any provision of a declaration conflicts with: (1) IC 23-14-31; (2) IC 23-14-33; or (3) IC 25-15; the provision contained in the declaration controls. (e) Except as provided in subsection (f), a declarant may not direct an individual who is: (1) a provider of funeral services; (2) responsible for any aspect of the disposition of the declarant's remains; or (3) associated with any entity that is responsible for providing funeral services or disposing of the declarant's remains; to be the declarant's designee in a declaration executed under this chapter. (f) Subsection (e) does not apply to an individual who is related to the declarant by birth, marriage, or adoption.” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 29-2-19-10: “Sec. 10. The provisions of a declarant's most recent declaration prevail over any other document executed by the declarant concerning any preferences described in section 9 of this chapter. However, this section may not be construed to invalidate a power of attorney executed under IC 30-5-5 or an appointment of a health care representative under IC 16-36-1 or IC 16-36-7 with respect to any power or duty belonging to the attorney in fact or health care representative that is not related to a preference described in section 9 of this chapter.” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 29-2-19-11: “Sec. 11. (a) A person who acts in good faith reliance on a declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person. (b) A person who deals with a declaration may presume, in the absence of actual knowledge to the contrary, that: (1) the declaration was validly executed; and (2) the declarant was competent at the time the declaration was executed. (c) The directions of a declarant expressed in a declaration are binding as if the declarant were alive and competent.” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 29-2-19-15: “Sec. 15. Except as otherwise expressly provided in a declaration, a subsequent: (1) dissolution of marriage; (2) annulment of marriage; (3) legal separation of the declarant and the declarant's spouse; or (4) court determination that the declarant and spouse were physically and emotionally separated at the time of death and the separation was for an extended time that clearly demonstrates an absence of due affection, trust, and regard for the declarant; automatically revokes a delegation of authority in a declaration to the declarant's spouse to direct the disposition of the declarant's body or to make all arrangements concerning funeral services and other ceremonies after the declarant's death.” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 29-2-19-16: “Sec. 16. Except as otherwise provided in a declaration, section 17 of this chapter controls if a person to whom a declaration delegates the authority to make arrangements after a declarant's death is unable or unwilling to serve.” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 29-2-19-17: “Sec. 17. The right to control the disposition of a decedent's body, to make arrangements for funeral services, and to make other ceremonial arrangements after an individual's death devolves on the following, in the priority listed: (1) A person: (A) granted the authority to serve in a funeral planning declaration executed by the decedent under this chapter; or (B) named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form. (2) An individual specifically granted the authority in a power of attorney or a health care power of attorney executed by the decedent under IC 30-5-5-16 or a health care representative under IC 16-36-7. (3) The decedent's surviving spouse. (4) A surviving adult child of the decedent or, if more than one (1) adult child is surviving, the majority of the other adult children. However, less than half of the surviving adult children have the rights under this subdivision if the adult children have used reasonable efforts to notify the other surviving adult children of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the surviving adult children. (5) The surviving parent or parents of the decedent. If one (1) of the parents is absent, the parent who is present has the rights under this subdivision if the parent who is present has used reasonable efforts to notify the absent parent. (6) The decedent's surviving sibling or, if more than one (1) sibling is surviving, the majority of the surviving siblings. However, less than half of the surviving siblings have the rights under this subdivision if the siblings have used reasonable efforts to notify the other surviving siblings of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the surviving siblings. (7) A guardian appointed by a court under IC 29-3-5-3. (8) An individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent or, if more than one (1) individual of the same degree survives, the” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 29-2-19-17: “majority of those who are of the same degree of kinship. However, less than half of the individuals who are of the same degree of kinship have the rights under this subdivision if they have used reasonable efforts to notify the other individuals who are of the same degree of kinship of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the individuals who are of the same degree of kinship. (9) If none of the persons described in subdivisions (1) through (8) are available, or willing, to act and arrange for the final disposition of the decedent's remains, a stepchild (as defined in IC 6-4.1-1-3(f)) of the decedent. If more than one (1) stepchild survives the decedent, then a majority of the surviving stepchildren. However, less than half of the surviving stepchildren have the rights under this subdivision if they have used reasonable efforts to notify the other stepchildren of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the stepchildren. (10) The person appointed to administer the decedent's estate under IC 29-1. (11) If none of the persons described in subdivisions (1) through (10) are available, any other person willing to act and arrange for the final disposition of the decedent's remains, including a funeral home that: (A) has a valid prepaid funeral plan executed under IC 30-2-13 that makes arrangements for the disposition of the decedent's remains; and (B) attests in writing that a good faith effort has been made to contact any living individuals described in subdivisions (1) through (10).” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 29-2-19-19: “Sec. 19. An action to contest the validity of any declaration made under this chapter must be: (1) brought in the same manner as an action to contest the validity of a will under IC 29-1-7; (2) filed in the circuit court, superior court, or probate court of the county in which the declarant's remains are located; (3) expedited on the docket of the circuit court, superior court, or probate court as a matter requiring priority; and (4) accompanied by a bond, cash deposit, or other surety sufficient to guarantee that the hospital, nursing home, funeral home, or other institution holding the declarant's remains is compensated for the storage charges incurred while the action is pending.” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 23-14-31-26: “Sec. 26. (a) Except as provided in subsection (c), the following persons, in the priority listed, have the right to serve as an authorizing agent: (1) A person: (A) granted the authority to serve in a funeral planning declaration executed by the decedent under IC 29-2-19; or (B) named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form. (2) An individual specifically granted the authority to serve in a power of attorney or a health care power of attorney executed by the decedent under IC 30-5-5-16 or a health care representative under IC 16-36-7. (3) The individual who was the spouse of the decedent at the time of the decedent's death, except when: (A) a petition to dissolve the marriage or for legal separation of the decedent and spouse is pending with a court at the time of the decedent's death, unless a court finds that the decedent and spouse were reconciled before the decedent's death; or (B) a court determines the decedent and spouse were physically and emotionally separated at the time of death and the separation was for an extended time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. (4) The decedent's surviving adult child or, if more than one (1) adult child is surviving, the majority of the adult children. However, less than half of the surviving adult children have the rights under this subdivision if the adult children have used reasonable efforts to notify the other surviving adult children of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the surviving adult children. (5) The decedent's surviving parent or parents. If one (1) of the parents is absent, the parent who is present has authority under this subdivision if the parent who is present” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 23-14-31-26: “has used reasonable efforts to notify the absent parent. (6) The decedent's surviving sibling or, if more than one (1) sibling is surviving, the majority of the surviving siblings. However, less than half of the surviving siblings have the rights under this subdivision if the siblings have used reasonable efforts to notify the other surviving siblings of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the surviving siblings. (7) A guardian appointed by a court under IC 29-3-5-3. (8) The individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent or, if more than one (1) individual of the same degree is surviving, the majority of those who are of the same degree. However, less than half of the individuals who are of the same degree of kinship have the rights under this subdivision if they have used reasonable efforts to notify the other individuals who are of the same degree of kinship of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the individuals who are of the same degree of kinship. (9) If none of the persons described in subdivisions (1) through (8) are available, or willing, to act and arrange for the final disposition of the decedent's remains, a stepchild (as defined in IC 6-4.1-1-3(f)) of the decedent. If more than one (1) stepchild survives the decedent, then a majority of the surviving stepchildren. However, less than half of the surviving stepchildren have the rights under this subdivision if they have used reasonable efforts to notify the other stepchildren of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the stepchildren. (10) The person appointed to administer the decedent's estate under IC 29-1. (11) If none of the persons described in subdivisions (1) through (10) are available, any other person willing to act and arrange for the final disposition of the decedent's remains, including a funeral home that: (A) has a valid prepaid funeral plan executed under IC 30-2-13 that makes arrangements for the disposition of the decedent's remains; and (B) attests in writing that a good faith effort has been made to contact any living individuals described in subdivisions (1) through (10). (12) In the case of an indigent or other individual whose final disposition is the responsibility of the state or township, the following may serve as the authorizing agent: (A) If none of the persons identified in subdivisions (1) through (11) are available: (i) a public administrator, including a responsible township trustee or the trustee's designee; or (ii) the coroner. (B) A state appointed guardian. However, an indigent decedent may not be cremated if a surviving family member objects to the cremation or if cremation would be contrary to the religious practices of the deceased individual as expressed by the individual or the individual's family. (13) In the absence of any person under subdivisions (1) through (12), any person willing to assume the responsibility as the authorizing agent, as specified in this article. (b) When a body part of a nondeceased individual is to be cremated, a representative of the institution that has arranged with the crematory authority to cremate the body part may serve as the authorizing agent. (c) If: (1) the death of the decedent appears to have been the result of: (A) murder (IC 35-42-1-1); (B) voluntary manslaughter (IC 35-42-1-3); or (C) another criminal act, if the death does not result from the operation of a vehicle; and” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 23-14-31-26: “(2) the coroner, in consultation with the law enforcement agency investigating the death of the decedent, determines that there is a reasonable suspicion that a person described in subsection (a) committed the offense; the person referred to in subdivision (2) may not serve as the authorizing agent. (d) The coroner, in consultation with the law enforcement agency investigating the death of the decedent, shall inform the crematory authority of the determination referred to in subsection (c)(2). (e) If a person vested with a right under subsection (a) does not exercise that right not later than seventy-two (72) hours after the person receives notification of the death of the decedent, the person forfeits the person's right to determine the final disposition of the decedent's remains, and the right to determine final disposition passes to the next person described in subsection (a). (f) A crematory authority owner has the right to rely, in good faith, on the representations of a person listed in subsection (a) that any other individuals of the same degree of kinship have been notified of the final disposition instructions. (g) If there is a dispute concerning the disposition of a decedent's remains, a crematory authority is not liable for refusing to accept the remains of the decedent until the crematory authority receives: (1) a court order; or (2) a written agreement signed by the disputing parties; that determines the final disposition of the decedent's remains. If a crematory authority agrees to shelter the remains of the decedent while the parties are in dispute, the crematory authority may collect any applicable fees for storing the remains, including legal fees that are incurred. (h) Any cause of action filed under this section must be filed in the probate court in the county where the decedent resided, unless the decedent was not a resident of Indiana. (i) A spouse seeking a judicial determination under subsection (a)(3)(A) that the decedent and spouse were reconciled before the decedent's death may petition the court having jurisdiction over the dissolution or separation proceeding to make this determination by filing the petition under the same cause number as the dissolution or separation proceeding. A spouse who files a petition under this subsection is not required to pay a filing fee.” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 23-14-31-48: “Sec. 48. (a) A crematory authority is not liable for civil damages for refusing to accept human remains or refusing to perform a cremation until the crematory authority receives a court order or other suitable confirmation that a dispute has been settled, if the authority: (1) is aware of a dispute concerning the cremation of the human remains; (2) has a reasonable basis for questioning any of the representations made by the authorizing agent; or (3) refuses to accept the human remains for any other lawful reason. (b) A crematory authority is not required to accept human remains for cremation.” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 30-5-5-16: “(7) Make plans for the disposition of the principal's body, including executing a funeral planning declaration on behalf of the principal in accordance with IC 29-2-19.” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 30-5-5-16: “(e) Notwithstanding any other law, a document granting health care powers to an attorney in fact for health care may not be executed under this chapter after December 31, 2022. However, if a power of attorney that is executed after December 31, 2022, is written to grant both: (1) health care powers; and (2) nonhealth care powers under this chapter; to an attorney in fact, the health care powers are void, but all other powers granted by the power of attorney will remain effective and enforceable under this article.” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 16-36-7-28: “(b) An advance directive under this section must be signed by or for the declarant using one (1) of the following methods: (1) Signed by the declarant in the presence of two (2) adult witnesses or in the presence of a notarial officer. (2) Signing of the declarant's name by another adult individual at the specific direction” Official Indiana Code, accessed October 5, 2026.

• Ind. Code § 16-36-7-28: “of the declarant, in the declarant's presence, and in the presence of the two (2) adult witnesses or a notarial officer. However, an individual who signs the declarant's name on the advance directive may not be a witness, the notarial officer, or a health care representative designated in the advance directive. (c) An advance directive signed under this section must be witnessed or acknowledged in one (1) of the following ways: (1) Signed in the declarant's presence by two (2) adult witnesses, at least one (1) of whom may not be the spouse or other relative of the declarant. (2) Signed or acknowledged by the declarant in the presence of a notarial officer, who completes and signs a notarial certificate under IC 33-42-9-12 and makes it a part of the advance directive. If the advance directive complies with either subdivision (1) or (2), but contains additional witness signatures or a notarial certificate that is not needed, the advance directive is still validly witnessed and acknowledged. A remote online notarization or electronic notarization of an advance directive that complies with IC 33-42-17 complies with subdivision (2).” Official Indiana Code, accessed October 5, 2026.