Disposition of Remains Decision Authority in Maine
At a glance
| Decedent's own directions | Signed written funeral and disposition wishes bind controller to extent prepaid or funded (§ 2843-A(5)). |
|---|---|
| Appointed decision maker | Decedent's written, signed designation gives named person first custody and control; refusal sends it to next of kin (§ 2843-A(2)(A)–(B)). |
| Agent document formalities | Designation is a written document signed by the decedent; § 2843-A(2)(A) states that execution form. |
| Family and other priority order | 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)). |
| Equal-priority tie rule | Majority of two or more kin with same relationship; probate court decides if they cannot reach a majority (§ 2843-A(2)(C), (4)(D)). |
| Failure to act or waiver | Unexercised control passes after four days from death; 15-day unclaimed remains may be treated as abandoned (§ 2843-A(2)). |
| Persons barred from control | Qualifying murder/manslaughter charge forfeits control, restored before disposition if charge fails; estranged spouse or domestic partner is skipped (§ 2843-A(2)–(3)). |
| Resolving a contested claim | 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)). |
| Funeral-provider reliance | 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)). |
Requirements one by one
Written directions and family control
Me. Rev. Stat. tit. 22, § 2843-A(5) requires the person with custody and control to follow the decedent's signed written funeral and disposition wishes to the extent the decedent prepaid or left resources. Subsection (2) puts a signed written designee first, then next of kin. The kin definition in § 2843-A(1)(D) includes a domestic partner after a spouse and places maternal grandparents before paternal grandparents.
Equal rank and loss of control
Under § 2843-A(2), same-rank next of kin act by majority. A controller who does not exercise authority within four days of death yields to the next priority level. The section also permits specified provider action if no one takes custody for 15 days, and it removes a person charged with its specified murder or manslaughter offenses. Subsection (3) skips an estranged spouse or domestic partner.
What trips people up
The probate court for the decedent's residence may award custody and control to the most fit person under § 2843-A(4); the subject, relatives, certain close companions and equal-rank claimants have petition routes. Good-faith compliance and reliance on a signed authorization are protected by § 2843-A(8), (10), while a provider aware of an objection cannot use the latter reliance route.
Common questions
Does paying for a funeral create a higher priority? Me. Rev. Stat. tit. 22, § 2843-A(6) says payment by another person does not raise that person's right to custody and control, apart from what the court may consider in a dispute.
Can an estate representative control simply by holding that office? Section 2843-A(7) says the office alone gives no greater right.
Statutes and sources
- Me. Rev. Stat. tit. 22, § 2843-A: custody, priority, directions, disputes and reliance, quoted with official URL above.
All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the First Special Session of the 132nd Maine Legislature and is current through January 1, 2026. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text.
Source links
Every statute quoted above, linked, with the date we checked it.
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