Disposition of Remains Decision Authority in Tennessee

At a glance

Requirements one by one

Decedent’s directions

Tenn. Code Ann. § 62-5-701 defines disposition directions as a legible document signed by the decedent and acknowledged by a notary or witnessed by two qualified adults. The writing may be a letter of instructions, will, trust document, or advance directive. Under § 62-5-702, a qualified adult may instead direct arrangements by a pre-need funeral contract. The statute allows cancellation or substantial revision in stated circumstances, including insufficient resources set aside or available to carry out the instructions.

Decision maker and family order

When there are no disposition directions or pre-need contract, § 62-5-703 first names an attorney in fact acting under a durable health-care power of attorney. The surviving spouse follows, then children, parents, siblings, grandchildren, grandparents, the guardian of the person, the estate representative, more distant kin, a responsible public officer, and finally another willing person who attests to an unsuccessful good-faith search for the listed people.

Equal-rank decisions

Under § 62-5-703, a majority of surviving children, siblings, grandchildren, or grandparents ordinarily controls. A smaller group may act after reasonable efforts to notify the others when it knows of no opposition from more than half the class. Among more distant kin of the same degree, any one may exercise the right.

Loss of authority

Section 62-5-704 forfeits the right when it is not exercised within 72 hours after notice of death or 168 hours after death, whichever is earlier. A death-related conviction under one of the named homicide sections also forfeits the right if the funeral director knows of the conviction.

Disputes and provider reliance

Under § 62-5-705, a holder of the right or the establishment with custody may petition the court with probate jurisdiction when equal-rank holders cannot decide by majority vote. Section 62-5-706 protects a provider that waits for a court order or written agreement in that dispute. Sections 62-5-707 and 62-5-708 allow reasonable reliance on a person claiming the right, with good-faith liability protection subject to the statute’s knowledge limit.

What trips people up

Paying funeral costs does not itself increase a person’s rank, and being the estate representative does not automatically outrank the people ahead in § 62-5-703. Section 62-5-706 separates those roles from the right of disposition.

Common questions

Can one parent act if the other is absent? Section 62-5-703(4) allows the remaining parent to act after reasonable efforts to locate the absent parent fail.

Does an ordinary health-care agent always rank first? Section 62-5-703(1) specifies an attorney in fact under a durable health-care power of attorney acting pursuant to § 34-6-204.

Statutes and sources

• Tenn. Code Ann. § 62-5-701: “62-5-701. As used in this part, unless the context otherwise requires: (1) "Disposition directions" means a legible written instrument signed by the decedent and acknowledged by a notary or witnessed by two (2) persons who are qualified adults; provided, that such written instrument may be, but is not limited to, a letter of instructions, a will, a trust document, or an advance directive; (2) "Qualified adult" means a person who is eighteen ( 18) years of age or older and of sound mind; and (3) "Right of disposition" means the right to determine the disposition of the remains of a decedent, including the location, manner, and conditions of disposition and arrangements for funeral goods and services.” Official 2012 public chapter, accessed October 5, 2026.

• Tenn. Code Ann. § 62-5-702: “62-5-702. (a) A qualified adult, by entering into disposition directions or a pre-need funeral contract executed pursuant to Part 4 of this chapter, may direct the location, manner and conditions of disposition of the adult's remains, and the arrangements for funeral goods and services to be provided upon the adult's death. (b) No disposition directions or pre-need funeral contract shall be subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person authorized to act as the lawful representative in § 62-5703, or the pre-need funeral contract as the person authorized to cancel or revise the terms of the disposition directions or the pre-need funeral contract, or unless any resources set aside or available to fund the disposition directions or the pre-need funeral contract are insufficient to carry out the funeral and disposition arrangements set forth in the disposition directions or pre-need funeral contract.” Official 2012 public chapter, accessed October 5, 2026.

• Tenn. Code Ann. § 62-5-703: “62-5-703. Except as set forth in § 62-5-704, and in the absence of disposition directions or a pre-need funeral contract, the right to control the disposition of the decedent's remains, the location, manner and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following persons in the order named; provided, such person is a qualified adult: (1) An attorney in fact designated in a durable power of attorney for health care who is acting pursuant to § 34-6-204; (2) The surviving spouse; (3) The sole surviving child of the decedent, or if there is more than one (1) child of the decedent, the majority of the surviving children. However, less than onehalf (1/2) of the surviving children shall be vested with the rights of this section if they have used reasonable efforts to notify all other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all surviving children; (4) The surviving parent of the decedent. If one (1) of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent; (5) The surviving sibling of the decedent, or if there is more than one (1) sibling of the decedent, the majority of the surviving siblings. However, less than the majority of surviving siblings shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all surviving siblings; (6) The surviving grandchild of the decedent, or if there is more than one (1) surviving grandchild, the majority of the grandchildren. However, less than the majority of the surviving grandchildren shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandchildren of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all surviving grandchildren; (7) The surviving grandparent of the decedent, or if there is more than one (1) surviving grandparent, the majority of the grandparents. However, less than the majority of the surviving grandparents shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all surviving grandparents; (8) The guardian of the person of the decedent at the time of the decedent's death, if one ( 1) had been appointed; (9) The personal representative of the estate of the decedent; ( 10) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one (1) person of the same degree, any person of that degree may exercise the right of disposition; (11) If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator or employee responsible for arranging the final disposition of the decedent's remains; or ( 12) In the absence of any person listed in subdivisions ( 1)-( 11 ), any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals listed in subdivisions (1 )-(11 ).” Official 2012 public chapter, accessed October 5, 2026.

• Tenn. Code Ann. § 62-5-704: “62-5-704. A person entitled under § 62-5-703 to the right of disposition shall forfeit that right, and the right shall pass on to the next person in accordance with§ 62-5-703, in the following circumstances: (1) Any person convicted of an offense described in§ 39-13-202, § 39-13-210, or § 39-13-211, in connection with the decedent's death, and whose conviction or convictions are known to the funeral director; or (2) Any person who does not exercise the right of disposition within seventytwo (72) hours of notification of the decedent's death or within one hundred and sixtyeight ( 168) hours of the decedent's death, whichever is earlier.” Official 2012 public chapter, accessed October 5, 2026.

• Tenn. Code Ann. § 62-5-705: “62-5-705. If two (2) or more persons hold the right of disposition pursuant to § 62-5703, and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of such persons or a funeral establishment with custody of the remains may file a petition asking the court with probate jurisdiction to make a determination in the matter.” Official 2012 public chapter, accessed October 5, 2026.

• Tenn. Code Ann. § 62-5-706: “62-5-706. (a) In the event two (2) or more persons hold the right of disposition pursuant to § 62-5-703, and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, no funeral establishment is liable for refusing to accept, inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral establishment receives a court order or other written agreement signed by the parties to the dispute that determines the final disposition of the remains. If the funeral establishment retains the remains for final disposition while the parties are in disagreement, the funeral establishment may shelter, refrigerate or embalm the body, or all, in order to preserve the body while awaiting the final decision of the probate court. However, the funeral establishment may not charge for embalming unless expressly agreed to by the parties. Neither this section, nor § 62-5-705, shall be construed to require or to impose a duty upon a funeral establishment to bring an action under this section or § 62-5-705. No funeral establishment or its employees shall be held criminally or civilly liable for choosing not to bring an action under this section or § 62-5-705. (b)( 1) Except to the degree it may be considered by the court under § 62-5705(3), the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have. (2) The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have.” Official 2012 public chapter, accessed October 5, 2026.

• Tenn. Code Ann. § 62-5-707: “62-5-707. Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition. A funeral establishment shall have the right to rely on such funeral service contract or authorization and shall have the authority to carry out the instructions of the person whom the funeral establishment reasonably believes holds the right of disposition. No funeral establishment is responsible for contacting or independently investigating the existence of any next-of-kin or relative of the decedent.” Official 2012 public chapter, accessed October 5, 2026.

• Tenn. Code Ann. § 62-5-708: “62-5-708. No funeral establishment or funeral director who relies reasonably in good faith upon the instructions of a person claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions unless the funeral establishment or funeral director knew or had reason to know that the person did not have the right of disposition.” Official 2012 public chapter, accessed October 5, 2026.