Disposition of Remains Decision Authority in Vermont
At a glance
| Decedent's own directions | Written directive precedes statutory priority; advance directive may include remains and funeral directions (§§ 5227(a), 9701(1)). |
|---|---|
| Appointed decision maker | Individual appointed under advance-directive chapter ranks first when no written directive; adult with capacity may execute directive (§§ 5227(a)(1), 9703(a)). |
| Agent document formalities | Advance directive dated and executed by principal, with two adult witnesses; agent and close family cannot witness; institution execution adds explanation requirement (§ 9703(a)–(e)). |
| Family and other priority order | Advance-directive appointee → spouse → children → parents → siblings → other kin → guardian → attesting willing person → provider → Chief Medical Examiner (§ 5227(a)). |
| Equal-priority tie rule | Majority of children, siblings and same-degree kin; narrow below-majority route after prompt notice efforts when majority cannot be contacted and no opposition known (§ 5227(a)–(b)). |
| Failure to act or waiver | Waiver can permit willing-person fallback; failure to act within three days of death notice or five days of death, whichever earlier, forfeits right (§§ 5227(a)(8), 5228(2)). |
| Persons barred from control | Known likely murder/manslaughter suspect or prosecution; Probate Division estrangement finding or other court order can forfeit right (§ 5228(1), (3)–(4)). |
| Resolving a contested claim | Near relative or custodian may petition Probate Division to appoint controller or resolve disposition; summary action and prompt hearing (§§ 5231(a), 5232(a)). |
| Funeral-provider reliance | Provider may pause during court action; good-faith reliance on contract/authorization or reasonably believed controller limits civil liability and discipline (§§ 5231(d), 5233). |
Requirements one by one
Written directive and appointment
18 V.S.A. § 5227(a) makes its priority ladder apply when the decedent left no written directive. 18 V.S.A. § 9701(1) defines an advance directive as a written record that may include remains and funeral directions. Under § 5227(a)(1), an individual appointed under the advance-directive chapter leads the ladder.
An adult with capacity may execute that directive under § 9703(a). Subsection (b) requires the principal's date and execution plus two adult witness signatures. On and after April 1, 2024, a remote witness must meet the section's relationship, live-contact and contact-information conditions. Subsection (c) bars the appointed agent and specified close relatives from witnessing. Subsections (d)–(e) add a signed explanation by a qualified individual for execution on nursing-home/residential-care admission or residence, or hospital admission/patient status.
Family priority and forfeiture
Under § 5227(a), priority runs from the appointed person to spouse, children, parents, siblings, more remote kin, guardian, willing attesting person, provider, then Chief Medical Examiner. A minor child's interest is exercised through a court-appointed guardian, and the parent class has special treatment when the decedent was a minor or disabled adult. 18 V.S.A. § 5227(b) allows a below-majority group of children, siblings or same-degree kin to act only after prompt reasonable contact and notice efforts when a majority cannot be contacted and no opposition is known.
18 V.S.A. § 5228(2) forfeits control when unused within three days after death notice or five days after death, whichever earlier. Subsections (1), (3) and (4) also cover a known likely murder/manslaughter suspect or prosecution, Probate Division estrangement finding, or other court order. A prosecution not pursued or an acquittal before disposition restores that right. 18 V.S.A. § 5226(1) defines estrangement.
What trips people up
Under § 5231(a), a near relative or remains custodian may ask the Probate Division of the Superior Court to appoint a decision maker or resolve a dispute. 18 V.S.A. § 5232(a) calls for a summary action and hearing as soon as practicable. The provider may wait for a court order or approved stipulation during that action under § 5231(d).
Common questions
Does paying for a funeral raise a person's rank? Section 5231(c) says payment alone does not outrank § 5227, although the court may weigh the payer's wishes under subsection (b).
Can a provider rely on a claimed controller? Under § 5233, good-faith reliance on an authorization or instructions from someone reasonably believed to hold the right protects a funeral director or disposition facility operator from civil liability or discipline.
Statutes and sources
- 18 V.S.A. §§ 5226–5228, 5231–5233, 9701 and 9703: priority, forfeiture, disputes and advance-directive form, quoted with official URLs above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does Vermont law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Vermont law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace