Disposition of Remains Decision Authority in West Virginia
At a glance
| Decedent's own directions | Adult's preneed contract controls covered directions if funding suffices; § 30-6-22(a) also requires inquiry about will and advance-directive wishes (§§ 30-6-22a(a), 30-6-22(a)). |
|---|---|
| Appointed decision maker | Notarized affidavit designee ranks first after uncovered preneed matters; attached lawful directions substantially bind designee if estate can fund them (§ 30-6-22a(b)(1)). |
| Agent document formalities | Adult of sound mind executes affidavit before a notary, naming designee and optionally attaching disposition directions (§ 30-6-22a(b)(1)(B)). |
| Family and other priority order | Designee → spouse → children → parents → siblings → grandparents → adult grandchildren → guardian → estate representative → further kin → public officer → willing fallback (§ 30-6-22a(b)). |
| Equal-priority tie rule | Majority for multiple children, siblings or grandparents, with notice-based smaller-group routes; any one later-degree kin may act (§ 30-6-22a(b)(3), (5)–(6), (10)). |
| Failure to act or waiver | Right passes after two days from death notice or three days from death, whichever earlier, if unexercised (§ 30-6-22a(c)(2)). |
| Persons barred from control | Known murder or voluntary-manslaughter charge tied to death, or pending marital-dissolution petition, forfeits right; dismissal/acquittal restores charged person's right (§ 30-6-22a(c)(1), (3)). |
| Resolving a contested claim | The statutory rank and majority/notice rules address competing claims; § 30-6-22a does not name a special court petition procedure. |
| Funeral-provider reliance | Funeral home may follow reasonably believed controller and first equal-rank actor absent written objection; good-faith compliance is protected (§ 30-6-22a(d)–(e)). |
Requirements one by one
Contract, wishes and affidavit
W. Va. Code § 30-6-22a(a) protects disposition directions and funeral arrangements in an adult's preneed contract unless set-aside resources prove insufficient under its terms. W. Va. Code § 30-6-22(a) separately directs the person sending a body to a provider to inquire about wishes in a will, advance directive or preneed contract. For an uncovered matter, § 30-6-22a(b)(1) puts a person named in a notarized affidavit first; lawful attached directions bind that designee substantially when estate resources suffice.
Family order and forfeiture
Under § 30-6-22a(b)(2)–(12), the ordinary ladder proceeds through spouse, children, parents, siblings, grandparents, adult grandchildren, guardian, estate representative, more distant kin, public official and willing fallback. Children, siblings and grandparents have majority rules with notice-based smaller-group alternatives. W. Va. Code § 30-6-22a(c) passes authority after the earlier of two days from death notice or three days from death, and for its specified criminal-charge and marital-dissolution circumstances.
What trips people up
The funeral home may follow the first actor in an equal-priority class if it knows of no objection and receives no written objection (§ 30-6-22a(d)). That provider reliance is distinct from the family majority rules in subsection (b). Good-faith compliance with the covered instructions or claimant is protected by subsection (e).
Common questions
Can one absent parent prevent disposition? The remaining parent may act after unsuccessful reasonable efforts to locate the absent parent (§ 30-6-22a(b)(4)).
Does a homicide charge permanently end control? No. Section 30-6-22a(c)(1) restores the right if the qualifying charge is dismissed or the person is acquitted.
Statutes and sources
- W. Va. Code § 30-6-22: inquiry about expressed wishes, quoted with official URL above.
- W. Va. Code § 30-6-22a: contract, agent, family order, forfeiture and provider reliance, quoted with official URL above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does West Virginia law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current West Virginia 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