Who has the legal right to make funeral and cremation decisions?

General information, not legal, tax or financial advice. Last reviewed Oct 30, 2026.

Quick answerIf the person signed a valid written designation naming someone to handle their remains, that person decides. Otherwise state law sets a priority list that usually starts with the spouse, then adult children, then parents, then adult siblings. States differ on what happens when several children or siblings share the right and disagree, and serious disputes go to court.

Step by step

Look for written instructions: a signed designation of an agent, a will, a prepaid funeral contract or, for a service member who died in service, the DD Form 93.
Find who is first on your state’s priority list (below). A person can only act if no one higher on the list is available.
If several people share the top rank, check your state’s rule (majority, any one, or all together).
Talk with the funeral director. Funeral homes generally may rely on the person who says they have the right, and many will wait for agreement or a court order if there’s a dispute.
Still stuck? The probate court can decide.

Pilot statesState law

New Hampshire

First: the person named in the deceased’s written, signed document (that person gets no pay or expense reimbursement for the role), or the person on a DD Form 93 if the deceased died while serving.
Then next of kin, in order: spouse; adult child; parent; adult sibling; adult grandchild; adult niece or nephew; maternal grandparent; paternal grandparent; adult aunt or uncle; adult first cousin; other adult relatives.
Ties: if several next of kin share the same relationship, the majority decides. If they can’t reach a majority, the court decides on petition.
Next of kin who won’t cooperate with the funeral director lose the right after 3 days, and it passes to the next in line.

Custody and control: written designee, DD Form 93, majority rule, court decision, 3 days of noncooperation. Source: RSA 290:17, checked Oct 30, 2026.
Order of next of kin. Source: RSA 290:16, checked Oct 30, 2026.

California

Unless the deceased left directions, the order is: an agent under a power of attorney for health care with authority over disposition; the spouse; the adult children (majority); the parents; the adult siblings (majority); the next of kin (majority); a conservator; the public administrator.
Ties: a majority of adult children, siblings or kin decides. Fewer than a majority can act if they made reasonable efforts to notify the others and know of no opposition from the majority.
A person charged with murder or voluntary manslaughter in the death loses the right unless the charges are dropped or they’re acquitted.
Kin in the same degree and the estate share liability for the reasonable cost.

Priority order, majority rules, charged persons, cost liability. Source: Cal. Health & Safety Code § 7100, checked Oct 30, 2026.

Texas

Unless the deceased left written directions, the order is: the person designated in a written instrument signed by the deceased; the spouse; any one of the adult children; either parent; any one of the adult siblings; the executor or administrator; the next of kin in the order of inheritance.
Deadline: if the person with the right doesn’t make arrangements by the earlier of 6 days after learning of the death or 10 days after the death, the right passes to the next person.
Disputes go to the probate court, even if no probate case has been opened. Funeral homes aren’t liable for waiting for a court order.
The person controlling the arrangements (other than an executor) is liable for the reasonable cost and may seek reimbursement from the estate.
Directions in a will are carried out right away without waiting for probate.

Priority list, 6-day/10-day deadline, probate-court disputes, cost liability, directions in a will. Source: Tex. Health & Safety Code § 711.002, checked Oct 30, 2026.

Florida

The “legally authorized person,” in order: the deceased (through written directions); the person named on a DD Form 93 for a death in military service; the spouse; an adult son or daughter; a parent; an adult sibling; an adult grandchild; a grandparent; the next degree of kin. If no family member is available, others such as a guardian, personal representative or health surrogate may act.
Ties: the funeral home may rely on any one person in the class who says they aren’t aware of an objection to cremation from others in the same class or a higher class.
Someone arrested for domestic violence against the deceased, or for an act that caused the death, has no right to decide.

Definition of “legally authorized person,” reliance on one member of a class, arrest disqualification. Source: Fla. Stat. § 497.005, checked Oct 30, 2026.

Ohio

An adult can sign a written declaration assigning the right to direct their disposition, funeral and burial or cremation to a representative.
Without one, the order is: the spouse; the sole child, or all children collectively; the parents; the siblings collectively; the grandparents; the grandchildren collectively; other descendants of the grandparents; a guardian; then any other willing person, such as the personal representative or the funeral director, after a good-faith search.
The probate court of the county where the person lived may assign the right to someone else, considering factors such as their relationship with the deceased and the deceased’s written wishes and religious beliefs.

Written declaration and the rights it can assign. Source: Ohio Rev. Code § 2108.70, checked Oct 30, 2026.
Priority order without a declaration. Source: Ohio Rev. Code § 2108.81, checked Oct 30, 2026.
Probate court assignment and the factors it considers. Source: Ohio Rev. Code § 2108.82, checked Oct 30, 2026.

Your rights when buying funeral goodsFederal law

Whoever makes the arrangements has rights under the FTC Funeral Rule, such as getting a price list and buying only what you want. See Prepaying a funeral. Veterans: military honors and the VA burial allowance.

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