Disposition of Remains Decision Authority in Wyoming

Short answer A funeral provider follows the decedent's written burial, entombment or cremation instructions, or a written designation of someone to direct disposition. Otherwise, the provider obtains consent from a spouse, adult child, parent or other listed person. Competing written consents use a three-day window and a greatest-number rule, with district court review for a tie.

State

Wyoming

Statute checked

October 6, 2026

Sources

1 statute

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At a glance

Decedent's own directions	Written entombment, burial or cremation instructions govern provider; a written designee’s instructions also govern (§ 2-17-101(a)).
Appointed decision maker	Decedent may designate and authorize another person in a document; qualifying military-mandated form is valid (§ 2-17-101(a)).
Agent document formalities	§ 2-17-101(a) calls for a document designating and authorizing the person; it specifies no additional witness/notary form.
Family and other priority order	Spouse → any adult child → either parent → adult sibling → grandparent → stepchild → guardian; then another relation/friend, then coroner (§ 2-17-101(b), (d)).
Equal-priority tie rule	Contrary written consents within three days: greatest number in highest class wins; equal number favors earlier consent unless later signer obtains district court order (§ 2-17-101(c)).
Failure to act or waiver	No priority-holder lapse clock in § 2-17-101; if no consent within seven days of death, county coroner may sign (§ 2-17-101(d)).
Persons barred from control	If no listed survivor exists or none is competent to sign, another legitimate relation or friend may consent (§ 2-17-101(d)).
Resolving a contested claim	On equal written consents, later signer may seek district court order in funeral establishment’s county; must show decedent’s wishes by preponderance (§ 2-17-101(c)).
Funeral-provider reliance	Provider following section, or trying in good faith, has civil immunity; may act on first written consent unless contrary consent arrives within three days (§ 2-17-101(c), (e)).

Requirements one by one

Directions and consent order

Wyo. Stat. § 2-17-101(a) directs a funeral provider to follow the decedent's written instructions for entombment, burial or cremation, or the instructions of a person designated and authorized in a document. A military-service designation in a federally mandated form is expressly valid. Without either, the provider must obtain signed consent.

Subsection (b) ranks spouse, an adult child, either parent, adult sibling, grandparent, stepchild and guardian. If no listed class survives or can competently sign, subsection (d) lets another person who legitimately identifies as a relative or friend consent. The county coroner may sign if no consent arrives within seven days of death.

Competing consents

Under § 2-17-101(c), a provider may act on a listed person's written consent unless an equal- or higher-rank person submits contrary written consent within three days. When same-class consents conflict, the directive supported by the greatest number of consents controls. On an equal count, the earlier consent prevails unless the later signer obtains a district court order in the funeral establishment's county. The court can order the later disposition only upon proof by a preponderance of the evidence that it matches the decedent's wishes.

What trips people up

Section 2-17-101(e) gives the funeral director or practitioner civil immunity for acting under this section or attempting in good faith to do so. The three-day rule concerns a contrary written consent; § 2-17-101(d)'s separate seven-day point authorizes coroner consent if none is received.

Common questions

Does one adult child have to wait for all siblings to agree? Section 2-17-101(b)(ii) permits an adult child to consent. If equal-priority written objections arrive within three days, subsection (c) supplies the counting and tie process.

Must the written designation be notarized? Section 2-17-101(a) requires a document designating and authorizing the person and expressly accepts a qualifying military form; it does not add a notary or witness requirement there.

Statutes and sources

Wyo. Stat. § 2-17-101: directions, consent priority, conflicting consents, coroner fallback and immunity, quoted from the current official title PDF above.

Source links

Every statute quoted above, linked, with the date we checked it.

Wyo. Stat. § 2-17-101 · accessed 2026-10-06

This page summarizes statutes on who may direct the disposition of remains, not advice for a particular death or family dispute. Medical examiner duties, military forms, contracts, and local funeral requirements can affect the process. Check current official law before acting.

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