DISCLAIMER:

This summary is not legal advice. It is a snapshot of state laws as of August 2013. Always consult the relevant state law(s) before transferring possession of cremains, or consult with your attorney. As with the disposition of any human remains, it is good practice to ask for evidence of the claimed familial relationship before releasing remains to a person claiming the right to take them. It is also good practice to document for your files your efforts to locate a person with a superior right or why (if the remains are quite old) why it is reasonable to assume that no such person remains alive.

Overview of the Law

The American law regarding authority to dispose of human remains, including cremains, is rooted in English law. As in England American common law and modern statutory law task the decedent’s next of kin with the obligation to ensure that the decedent receives a decent burial.

Historical Law: Duty of Householders and Husbands

The obligation under American common law for a private citizen to “[convey] the corpse, decently covered, from the place of death to the place of internment” is based on a similar duty under English ecclesiastical law and Catholic canon law. In 17th and 18th century Europe, this responsibility was fairly easy to fulfill. While decedents with means could pay to be interred inside the church or in a tomb, those without were generally guaranteed a burial space in the churchyard at no cost. Therefore, the person with the duty to organize a decent burial was simply expected to transport the corpse to the church. The clergy handled the rest. During the 19th century, civil government in England began to assert itself with respect to burial practices. The decedent’s right to a “decent, Christian burial” remained intact, but English common law cases began to grapple with questions of who should be obligated to effectuate that burial and, perhaps more importantly, who should be required to bear the cost. These English cases speak of both rights and obligations. In some circumstances, more than one person desired to control the disposition, and the court had to mediate competing claims. In other cases, no one was willing to take responsibility and the court was required to identify the party with primary duty. Both of these types of cases employed the same doctrinal considerations. Prior to the enactment of the Married Women’s Property Act of 1870, which permitted married women in the United Kingdom to own and inherit property, the cases necessarily dealt with designating a responsible man. Therefore, 19th century English cases held that the primary duty to organize a decent burial rested upon the father of minor children, or upon the husband of a deceased wife. An 1862 English case explains that:

The law has provided not only for the place where the burial is to take place, but also who shall be charged with the performance of the duty. Where the deceased has a husband, the performance of that last act of piety and charity devolves upon him. The law makes that a legal duty which the laws of nature and society make a moral duty.

While the courts easily found financially able husbands and fathers to be responsible for burying those in their charge, paupers posed a problem. In the 1840 case of Regina v. Stewart, Mrs. Mary Kershaw died in St. George’s Hospital, leaving a husband “being unable from poverty to take [her corpse] away and bury it.” The hospital sought a mandamus to the overseers of the parish to remove her body. They refused. The Court of Queen’s Bench held that under the common law, the duty of decent burial may be imposed upon the owner of the structure in which the person dies. This person is known as the “householder.”

It should seem that the individual under whose roof a poor person dies is bound to carry the body decently covered to the place of burial: he cannot keep him unburied, nor do any thing which prevents Christian burial: he cannot therefore cast him out, so as to expose the body to violation, or to offend the feelings or endanger the health of the living: and, for the same reason, he cannot carry him uncovered to the grave. It will probably be found, therefore, that, where a pauper dies in any parish house, poor house, or union house, that circumstance casts on the parish or union, as the case may be, to bury the body; not by virtue of the Statute of Elizabeth, but on the principles of the common law.

In the case of Mrs. Kershaw, the court held that St. George’s Hospital had the primary duty. American courts also had to deal with assigning the duty to organize and bear the cost of a decent funeral. In one line of cases, relying on English precedent, American courts held that a husband was obligated to bury his deceased wife and pay the funeral expenses. This common law obligation has been enforced even in circumstances where the wife left a separate estate, reflecting a lack of understanding of the context of those original decisions. American courts have also held that parents are obligated to bury their children, but that guardians are not obligated to bury their wards. Other cases have held that the decedent’s estate is primarily liable for funeral expenses. However, American courts have declined to impose a legal duty on children. For example, in the early 1950s, Frank McKibben died at the home of his daughter Madeline Golker in New York. Mr. McKibben was a widower, but left seven surviving children. Six of the seven children coordinated to make arrangements for their father’s funeral and burial. The seventh, Robert McKibben, refused to contribute. When Ms. Golker brought suit to compel her brother to pay his pro rata share of the costs, the court found that “whatever the moral situation involved, the court can find no legal duty on the part of Robert McKibben to contribute anything to the cost of the burial of his father.” Instead, the court found that Madeline Golker had the primary duty at common law because Frank McKibben died under her roof, rather than because she was his daughter. The contribution of her other five brothers may have been a voluntary expression of their moral duty, but none of them had any legal duty to help her offset the costs of their father’s funeral and burial. Some modern cases have established a “hierarchal right to possession and the corollary duty of proper burial in the decedent, first in the spouse and thereafter the next of kin.” However, even those cases expressly caution that American common law does not define “next of kin.” In the 1904 case of Pettigrew v. Pettigrew, the Supreme Court of Pennsylvania acknowledged the disharmony of the American and English cases, and attempted to establish a process for sorting out conflicting claims:

The result of a full examination of the subject is that there is no universal rule applicable alike to all cases, but each must be considered in equity on its own merits, having due regard to the interests of the public, the wishes of the decedent, and the rights and feelings of those entitled to be heard by reason of relationship or association. Subject to this general result, it may be laid down: First. That the paramount right is in the surviving husband or widow, and, if the parties were living in the normal relations of marriage, it will require a very strong case to justify a court in interfering with the wish of the survivor. Secondly. If there is no surviving husband or wife, the right is in the next of kin in the order of their relation to the decedent, as children of proper age, parents, brothers and sisters, or more distant kin, modified, it may be, by circumstances of special intimacy or association with the decedent.

The order of priority set forth in Pettigrew is the most structured that the common law has accomplished. As the court suggests, this approach creates uncertainty that, in the event of a dispute among interested parties, can only be resolved by a court exercising its equitable powers.American courts have thus understandably had a difficult time adapting English burial customs and ecclesiastical law to the very different practical realities experienced in America. The attempt to reconcile English precedent with American cases has led to curious outcomes, such as the lines of cases that impose a duty upon a surviving husband to bear the expense of burying his wife, even if she had the right to own property and left an estate. As with so many common law doctrines, later courts forgot or never knew the justification of the original rule, and therefore applied it in a manner inconsistent with its original rationale. Given the uncertainty contained in the common law doctrine establishing a duty to organize a decent burial, yet given the compelling public policy reasons to achieve clarity and facilitate timely burial, it is not surprising that many state legislatures have intervened.

Modern Law: Duties and Rights of Spouses and Next of Kin

Forty-six states and the District of Columbia have statutes that codify either a personal obligation or a right with respect to the disposition of human remains. The common law is concerned both with establishing which surviving kin have the primary right to control funeral and disposition and with naming a person to take the primary legal duty. The former question focuses more on the feelings of the surviving members. The latter is more focused on the community’s interest in ensuring that human remains are dealt with by someone in order to protect the public health, community standards of decency, and taxpayer funds.

The statutes that supersede the common law are more focused on mediating the competing claims between survivors. Thirty-nine states have statutes which establish who has the “right” to control disposition. Only seven impose a legal “duty” or “obligation.” Three states create a hybrid “right, duty, and liability.” Of the handful of states that impose a legal duty, only three punish failure to satisfy that duty. None of those 47 statutes put primary responsibility on the householder. Instead, most of the statutes establish a priority list which tracks the hierarchy set forth in Pettigrew. Not surprisingly, top default priority is assigned to the surviving spouse. A few states qualify the spouse’s right and obligation based on competency, or whether the couple were separated or a petition for divorce had been filed at the time of death. A few states put domestic partners or, in the case of Vermont, civil union partners and “reciprocal beneficiaries,” on equal standing with spouses.

If a decedent has no surviving spouse or domestic partner who meet the qualifications set forth in the statutes, 39 states identify the children of the decedent as the next in priority, which is a departure from the common law, which did not impose a legal duty on children. Most states disqualify minor children, while a few do not. Some states permit “any” surviving child to assert the right to control the decedents’ remains, while others require a majority of surviving children to agree before they can act. Only two states – Arizona and New Mexico – put the parents of a decedent without a surviving spouse in higher priority position than children of the decedent.

If a decedent has no qualifying spouse, parents, or children, 34 states then defer to siblings. As with other classes of kin, most states require the siblings to be adults, but a few do not. Some states allow any sibling to assert the right, while others require a majority to agree. After siblings, there is significant divergence among the priority lists. A few states include detailed lists of kin. For example, New Hampshire establishes the following list of priority:

(a) The spouse;
(b) An adult son or daughter;
(c) A parent;
(d) An adult brother or sister;
(e) An adult grandchild
(f) An adult niece or nephew who is the child of a brother or sister;
(g) A maternal grandparent;
(h) A paternal grandparent;
(i) An adult aunt or uncle;
(j) An adult first cousin;
(h) Any other adult relative in descending order of blood relationship.

Other states quickly move on to a catch-all term “next of kin” without a detailed list. After kin are exhausted, the lists generally call for an interested friend or stranger. For example, Minnesota seeks “an adult who exhibited special care and concern” for the decedent, while Missouri will take “any person or friend that will assume financial responsibility.” Some states end their lists with the public official charged with indigent relief, so that she may organize a pauper’s funeral. Only 15 states have statutes that obligate the government to bear the expense of indigent burials. A few states expressly give authority to the funeral director with custody of the body to organize the disposition and charge the estate.

Only South Dakota, in a statute originally enacted in 1877, has kept the householder in the statutory list of priority. If a person dies without a spouse or other kin in South Dakota, then the duty of burial may devolve “upon the tenant, or if there is no tenant upon the owner of the premises or master, or if there is no master upon the owner of the vessel in which the death occurs or the body is found.”

Specific State Laws Regarding the Priority of Persons Authorized to Control Remains (as of August 2013)

Alabama (Ala. §34-13-11):

1.) A person properly designated by the decedent
2.) A spouse
3.) A child or majority of children
4.) Parent(s)
5.) Sibling or majority of siblings
6.) Grandparent or majority of grandparents
7.) A guardian
8.) Personal representative of the decedent’s estate
9.) Any person in the next degree of kinship
10.) If the state is responsible for the final disposition of the cremains, the public officer in charge of arranging the final disposition
11.) Any other person willing to assume responsibility of arranging for the final disposition of the cremains

Alaska (Alaska Stat 26.10.065):

1.) An agent of the decedent
2.) A spouse
3.) A majority of adult children
4.) Parent(s)
5.) A majority siblings
6.) A majority adult grandchildren
7.) Grandparents
8.) An adult who exhibited special care and concern for the decedent
9.) A guardian
10.) Any other person having authority to dispose of the body

Arizona (A.R.S. § 36-831):

1.) A spouse, unless legally separated or a legal separation is pending
2.) A person with power of attorney
3.) If a minor, the parents
4.) A majority of adult children
5.) Parent
6.) Adult sibling or majority of siblings
7.) Adult grandchild or majority of grandchildren
8.) Grandparent
9.) An adult who exhibited special care and concern for the decedent
10.) A guardian
11.) Any other person with authority to dispose of the body
12.) If none of the previously listed people are financially capable, any person, fraternal, or charitable organization willing to assume responsibility
13.) If the decedent was a prisoner and none of the previously listed are willing, the state department of corrections

Arkansas (Ark. Code. Ann. § 20-17-103, 2013 Ark. HB 1298):

1.) If the person served in the military, then the officer designated by their DD 93 form
2.) A person properly designated by the decedent
3.) A spouse
4.) A child or majority of children
5.) Parent(s)
6.) Sibling or majority of siblings
7.) Grandparent or majority of grandparents
8.) Grandchild or majority of grandchildren
9.) An appointed guardian
10.) Any person in the next degree of kinship
11.) Any public officer with a statutory duty to provide for the final disposition of the cremains
12.) Any other person willing to assume the responsibility of arranging for the final disposition of the cremains
If the decedent is a veteran
1.) A veteran’s service organization
2.) The state or federal department of veteran’s affairs
3.) The authorizing agent
If the funeral establishment is also the authorizing agent, it may dispose of the cremains after 5 days if the cremains have not been given to
1.) A veteran’s service organization
2.) The state or federal department of veteran’s affairs
3.) The next of kin

California (Cal Health & Safety Code § 7100):
1.) An agent with power of attorney
2.) A competent spouse
3.) Competent adult child or majority of children
4.) Competent parent or parents
5.) Any person in the next degree of kinship
6.) A conservator of the person appointed under California law
7.) A conservator of the estate appointed under California law
8.) A public administrator
A funeral director or cemetery has complete authority over the final disposition of cremains when:
1.) They have knowledge that none of the listed persons exist OR none of the listed people can be found after reasonable inquiry or contacted by reasonable means.
2.) The public administrator fails to assume responsibility for the final disposition within 7 days after being given notice

Colorado (Colo. Rev. Stat. 15-19-106):
1.) The appointed personal representative or special administrator of the decedent’s estate
2.) A spouse, if not legally separated
3.) A person properly designated in a designated beneficiary agreement
4.) A majority of adult children
5.) Parents or guardians acting in writing
6.) A majority of adult siblings
7.) Any person willing to assume legal and financial responsibility
If any one of the listed people is unable or unwilling, or their whereabouts cannot be reasonably ascertained then their rights terminate

Connecticut (Conn. Gen. Stat. § 45a-318):
1.) A person the decedent designated
2.) A spouse, unless they are deemed incompetent or abandoned the deceased
3.) A majority of adult children
4.) Parents
5.) A majority of siblings>
6.) Any remaining next of kin, provided they are third degree of kinship or higher
7.) Any adult that the probate court determines

Delaware (Del. Code tit. 12 § 264):
1.) A person declared by the decedent
2.) A spouse, if not legally separated
3.) An appointed personal representative or administrator of the estate
4.) A majority adult children whose whereabouts are reasonably ascertainable
5.) A parent or guardian whose whereabouts are reasonably ascertainable
6.) A majority of adult siblings whose whereabouts are reasonably ascertainable
7.) Any person in the next degree of kinship
8.) In the absence of those listed, any other person willing to assume responsibility for the final disposition of the cremains

Florida (Fla. Stat. § 497-005):
1.) The decedent, if written declarations were made
2.) A person properly designated by the decedent
3.) A spouse, unless the spouse has been arrested for domestic violence that resulted in or contributed to the death
4.) A son or daughter
5.) A parent
6.) An adult brother or sister or a majority of siblings
7.) An adult grandchild
8.) A grandparent
9.) Any person in the next degree of kinship
10.) If no family member exists or is available: a guardian, a public health officer, a public administrator, a health facility representative, a medical examiner, a friend or other person willing to assume responsibility

Georgia (GA. Code § 31-21-7):
1.) A health care agent
2.) If the deceased died while serving in the military, a person properly designated by the decedent’s DD 93 form
3.) A person properly designated by the decedent
4.) A spouse
5.) A child or majority of children
6.) Parent(s)
7.) A brother or sister or a majority of siblings
8.) A grandparent or majority of grandparents
9.) A guardian
10.) A personal representative of the estate
11.) Any person in the next degree of kinship
12.) If the final disposition is the responsibility of the state, the responsible public officer
13.) Any other person willing to assume responsibility for the final disposition of the cremains

Hawaii
Hawaii statutory law only mentions military decedents. If the decedent served in the military, the person designated in their DD 93 form. In all other cases, check caselaw.

Idaho (Idaho Code § 54-1442):
1.) A person properly designated by the decedent
2.) A person with healthcare power of attorney
3.) A competent spouse
4.) A majority of competent adult children
5.) Competent parents
6.) A person appointed by a court
7.) A person nominated as the personal representative of the estate
8.) A competent adult person or persons entitled to inherit from the decedent’s estate
9.) If none of the previously listed act within 40 days, a person acting as guardian or a person acting as conservator of the estate

Illinois (755 Ill. Comp. Stat. 65/5):
1.) A person properly designated by the decednet in a written instrument
2.) A person serving as executor or legal representative of the decedent’s estate
3.) A spouse
4.) An adult child or majority of adult children
5.) Competent parent(s)
6.) Any person in the next degree of kinship
7.) If the final disposition is the responsibility of the state, a public administrator, medical examiner, coroner, State appointed guardian, or any other public official charged with arranging the final disposition
8.) If the decedent donated their body to science or their death occurred in a private health facility and the institution is charged with their final disposition, a representative of the institution
9.) Any other person willing to assume legal and financial responsibility

Indiana (Ind. Code. §29-2-19-17):
1.) A person declared in writing by the decedent or, if the decedent served in the military, a person properly designated by a DD 93 form
2.) An individual granted healthcare power of attorney
3.) A spouse
4.) An adult child or majority of adult children
5.) Parent(s)
6.) An adult sibling or majority of adult siblings
7.) Any person in the next degree of kinship
8.) Any other person willing to act and arrange for the final disposition

Iowa (Iowa Code § 144C.3):
1.) A person properly designated in writing
2.) A spouse, unless legally separated whose whereabouts are reasonably ascertainable
3.) A child or majority of children whose whereabouts are reasonably ascertainable
4.) Parent(s) whose whereabouts are reasonably ascertainable
5.) Sibling or majority of siblings whose whereabouts are reasonably ascertainable
6.) Grandparent or majority of grandparents whose whereabouts are reasonably ascertainable
7.) Any person in the next degree of kinship whose whereabouts are reasonably ascertainable
8.) A person who knows the identity of the decedent and assumes the right to control final disposition
9.) A county medical examiner

Kansas (Kan. Stat. § 65-1734):
1.) If the decedent served in the military, a person properly designated in their DD 93 form
2.) A person with healthcare power of attorney
3.) A spouse
4.) An adult child or majority of adult children
5.) Parent(s)
6.) Any person in the next degree of kinship
7.) A guardian of the decedent
8.) The personal representative of the decedent
9.) If the final disposition is the responsibility of the state, the responsible official

Kentucky (KRS § 367.97501):
1.) If the decedent served in the military, the person properly designated in their DD 93 form
2.) The decedent through a pre-need authorization
3.) A spouse
4.) Adult children
5.) Parents
6.) Adult grandchildren
7.) Adult siblings
8.) Next closest adult relative
9.) If none of the persons listed, a person ordered by the district court

Louisiana (LA Rev. Stat. § 8:655):
1.) A spouse, unless a petition for divorce has been filed
2.) A majority of adult children
3.) Parents
4.) A majority of adult brothers and sisters
5.) A majority of adult persons who are next of kin

Maine (ME Rev. Stat. tit 22, § 2843-A):
1.) A spouse
2.) A domestic partner (see statute)
3.) An adult son or daughter
4.) A parent
5.) An adult brother or sister
6.) An adult grandchild
7.) An adult child of a brother or sister
8.) A maternal grandparent
9.) A paternal grandparent
10.) An adult uncle or aunt
11.) An adult first cousin
12.) Any other adult in descending order of blood relationship

Maryland (MD Code, Health-Gen, § 5-509):
1.) A spouse or domestic partner
2.) An adult child
3.) A parent
4.) An adult brother or sister
5.) A person acting as a representative under a signed authorization
6.) An appointed guardian
7.) Any other person willing to assume responsibility for the final disposition

Massachusetts (239 Mass Code Regs. 3.09):
1.) A person properly designated by the decedent in a written document
2.) A surviving spouse
3.) Surviving adult children
4.) Surviving parent(s)
5.) Surviving brother(s) or sister(s)
6.) A guardian
7.) Any other person authorized or designated by law to dispose of the remains

Michigan
No statutory law, sorry.

Minnesota (Minn. Stat. § 149A.80):
1.) A person properly designated by the decedent in a written document
2.) A spouse
3.) An adult child or majority of adult children
4.) Parent(s)
5.) An adult sibling or majority of siblings
6.) An adult grandchild or majority of grandchildren
7.) Grandparent(s)
8.) Adult nieces and nephews
9.) Guardian(s)
10.) An adult who exhibited special care and concern for the decedent
11.) Any person in the next degree of kinship
12.) The appropriate public or court authority

Mississippi (Miss. Code § 41-39-117):
If reasonably available:
1.) An agent of the decedent
2.) A spouse
3.) Adult children
4.) Parents
5.) Adult siblings
6.) Adult grandchildren
7.) Grandparents
8.) An adult who exhibited special care and concern for the decedent
9.) Guardians
10.) Any other person having authority to dispose of the decedent’s body

Missouri (Mo. Rev. Stat. § 194.119):
1.) A person with power of attorney and specifically granted right of sepulcher
2.) If the decedent served in the military, a person properly designated by their DD 93 form
3.) A spouse
4.) An adult child
5.) Parent(s)
6.) Any surviving sibling
7.) Next nearest surviving relative
8.) Any person or friend who assumes responsibility if no next of kin assumes it
9.) The county coroner or medical examiner

Montana (Mont. Code § 37-19-904): 1.) If the decedent served in the military, a person named in their DD 93 formL
2.) A person properly designated by the decedent in writing
3.) A spouse
4.) An adult child or majority of adult children
5.) Parent(s)
6.) An adult sibling or majority of adult siblings>
7.) A grandparent or majority of grandparents
8.) An appointed guardian
9.) A personal representative of the decedent’s estate
10.) Any person in the next degree of kinship
11.) If the state is responsible for the final disposition, the responsible official
12.) If a good faith effort has been made to contact the previously listed people, any other person willing to assume responsibility for the final disposition

Nebraska (Neb. Rev. Stat. § 38-1425, 2013 Neb. LB 420):
1.) Any person authorized by a notarized affidavit
2.) A spouse
3.) An adult child or majority of adult children
4.) Parent(s)
5.) The person(s) next in degree of kinship
6.) A guardian
7.) The personal representative of the decedent
8.) State anatomical board or county board
9.) A personal representative of the decedent’s estate

Nevada (Nev. Rev. Stat. § 451.024):
1.) A person properly designated by the decedent in writing
2.) If the decedent served in the military, a person named in their DD 93 form
3.) A spouse
4.) An adult son or daughter
5.) Either parent
6.) An adult brother or sister
7.) A grandparent
8.) A guardian
9.) A person who held the primary domicile of the decedent in joint tenancy

If 30 days have passed and the coroner or sheriff and none of the previously listed people can be located, any other person may order the burial if:
1.) They are 18
2.) The sign a sworn statement: that he or she knew the defendant, the length of time they knew each other, that he or she doesn’t know the whereabouts of any of the previously listed people, and that he or she willingly accepts legal and financial responsibility
New Hampshire (N.H. Rev. Stat. § 290:17):
1.) A person properly designated by the decedent in writing
2.) The next of kin or, if the next of kin is 2 or more persons, the majority of next of kin
3.) If no person with custody rights can be located, the funeral director holding the cremains retains custody and control

New Jersey (N.J. Stat. Ann. § 45:27-22):
1.) A person properly designated by the decedent in writing
2.) A spouse or domestic partner
3.) A majority of adult children
4.) Parent(s)
5.) Majority of brothers or sisters
6.) Other next of kin
7.) If there are no known living relatives, a cemetery may rely on the written authorization of any other person acting on behalf of the decedent

New Mexico (N.M. Stat. Ann. § 24-12A-2):
1.) A person properly designated by the decedent in writing
2.) A spouse
3.) A majority of adult children
4.) Parent(s)
5.) An adult who exhibited special care and concern for the decedent
6.) The adult next of kin

New York (N.Y. Pub. Health Law § 4201):
1.) A person properly designated by the decedent in writing
2.) A spouse or domestic partner
3.) Any children 18 or older
4.) Parent(s)
5.) Any sibling 18 or older
6.) An appointed guardian
7.) Any next of kin entitled to inherit from the estate
8.) A duly appointed fiduciary of the estate
9.) A close friend or relative who is reasonably familiar with the decedent’s wishes
10.) An appointed county or public administrator
11.) When no one higher on this list is reasonably available, willing, or competent to act, any other person acting on the decedent’s behalf who has executed a proper written statement

North Carolina (N.C. Gen. Stat. § 130A-420):
1.) A person properly designated by the decedent in writing
2.) A spouse
3.) A majority of adult children, who can be located after reasonable efforts
4.) Parent(s)
5.) A majority of adult siblings, who can be located after reasonable efforts
6.) A majority of persons in the next degree of kinship who are at least 18 and can be located after reasonable efforts
7.) A person who exhibited special care and concern for the decedent and is willing and able to provide for the final disposition
8.) If the state is responsible for the final disposition, the responsible public officer
9.) In the absence of the previously listed people, any person willing to assume responsibility

North Dakota (N.D. Cent. Code § 23-06-03):
1.) A spouse
2.) One or more individuals in the next degree of kindred, of adult age, and who are finically able to defray the necessary expenses. If they do not bury the body within 8 days, the duty falls to the next of kin
3.) If none of the deceased’s kindred are able and he or she did not leave sufficient funds to defray the necessary expenses, the county social service board
4.) If the deceased died in prison, the county in which the deceased was imprisoned
5.) If the decedent served in the military, the person designated by their DD 93 form

Ohio (Ohio Rev. Code Ann. § 2108.70):
1.) A person properly designated by the decedent in writing
2.) A spouse
3.) A child or all of the children collectively
4.) Parent(s)
5.) A sibling or all of the siblings collectively
6.) Grandparent(s)
7.) A grandchild or all the grandchildren collectively
8.) The next descendent in line, as specified by § 2105.06 of the Ohio Revised Code
9.) An appointed guardian
10.) Any other person willing to assume the right of disposition
11.) If the final disposition was the duty of the state, the responsible public officer

Oklahoma (Okla. Stat. tit. 21, § 1151):
1.) The decedent, if there is a pre-need contract or other properly executed writing
2.) A person properly designated by the decedent in writing with a witness
3.) A spouse
4.) An adult child or majority of adult children, whose whereabouts are reasonably ascertained>
5.) Parent(s) whose whereabouts are reasonably ascertained
6.) Brother or sister or a majority of brothers and sisters, whose whereabouts are reasonably ascertained
7.) An appointed guardian
8.) The person in the next degree of kinship
9.) If the final disposition was the responsibility of the state, the responsible public officer
10.) In the absence of the previously listed people, anyone willing to assume the responsibility of final disposition

Oregon (Or. Rev. Stat. § 97.130):
barring any written declarations to the contrary:
1.) A spouse
2.) An adult son or daughter
3.) Either parent
4.) An adult brother or sister
5.) A guardian
6.) A person in the next degree of kinship
7.) The personal representative of the decedent’s estate
8.) The person designated as a personal representative in the decedent’s will
9.) A public health officer

Pennsylvania (20 PA Cons. Stat. § 305):
The spouse has sole authority, provided there is no allegation of enduring estrangement, incompetence, contrary intent, or waiver and agreement which is proven by clear and convincing evidence. If the spouse is deceased or unable to claim authority, then the next of kin has sole authority, provided there is no allegation of enduring estrangement, incompetence, contrary intent, or waiver and agreement which is proven by clear and convincing evidence.
Rhode Island (R.I. Gen. Laws § 5-33.2-24):
1.) A properly designated agent
2.) A spouse or domestic partner
3.) Adult children
4.) Parent(s)
5.) Brother(s) or sister(s)
6.) Adult grandchildren
7.) Adult niece(s) and nephew(s)
8.) Guardian

South Carolina (S.C. Code Ann. § 32-8-320):
In the absence of a pre-need cremation authorization, this is the order of priority:
1.) A person properly designated for this purpose in writing (including a DD 93 form)
2.) Spouse, unless the spouse and the decedent are separated
3.) Adult children
4.) Parents
5.) Adult siblings
6.) Adult grandchildren
7.) Grandparents
8.) An appointed guardian
9.) Any other person authorized or under obligation by law to dispose of the body

South Dakota (S.D. Codified Laws § 34-26-16):
1.) Husband or wife
2.) The next of kin or a majority of next of kin, if they possess sufficient means to defray the necessary expenses
3.) The coroner conducting an inquest upon the body or the person charged with support of the poor in the locality in which the death occurred

South Dakota (S.D. Codified Laws § 34-26-17):
If the person charged with the legal duty under § 34-26-16 fails to exercise it within a reasonable time, then the duty falls to the next person in priority, then to the householder, then to the county.
Tennessee (Tenn. Code Ann. § 62-5-703):
1.) A person with healthcare power of attorney
2.) A spouse
3.) A child or majority of children
4.) A parent
5.) A sibling or majority of siblings
6.) A grandchild or majority of grandchildren
7.) A grandparent or majority of grandparents
8.) An appointed guardian
9.) The personal representative of the decedent’s estate
10.) Any person in the next degree of kinship
11.) If the final disposition is the responsibility of the state, the responsible public officer
12.) In the absence of the previously listed people, any other person willing to assume responsibility for the final disposition of the remains (including the funeral director currently in possession of the remains)

Texas (Tex. Health & Safety Code Ann. § 711.02):
1.) If the decedent served in the military, their DD 93 form
2.) A person designated in a written instrument
3.) A spouse
4.) Any one of the surviving children
5.) Either one of the decedent’s parents
6.) Any one of the surviving siblings
7.) Any adult person in the next degree of kinship

Utah (Utah Code Ann. § 58-9-602):
1.) A person properly designated in a written document, or a DD 93 form
2.) A spouse, unless a personal representative was designated subsequent to the marriage
3.) A person nominated to serve as a personal representative of the decedent’s estate in a will
4.) A child or majority of children
5.) Parent(s)
6.) A sibling or majority of siblings
7.) Any person in the next degree of kinship or a majority of persons in the next degree of kinship
8.) Any public official charged with arranging the disposition of deceased persons
9.) In the absence of the previously listed people, any other person willing to assume responsibility over the final disposition

Vermont (VT. Stat. Ann. tit. 18, § 5227):
1.) A person properly designated in writing
2.) A surviving spouse, civil union partner, or reciprocal beneficiary
3.) A child or majority of adult children
4.) If the decedent is a minor or disabled adult, the custodial parent or the parent who has been providing the primary physical care
5.) A sibling or majority of siblings
6.) Any remaining next of kin or majority of persons in the next degree of kinship
7.) An appointed guardian
8.) Any other individual willing to assume responsibility for the final disposition
9.) The funeral director or crematory operator with custody of the body, if a good faith effort has been made to contact the people previously listed

Virginia (VA. Code Ann. § 57-27.3):
Under Virginia law, a properly designated individual has first right (including an individual designated in a DD 93 form). After this individual, any next of kin may take responsibility for the final disposition of the remains by providing a notarized signature.
Washington (Wash. Rev. Code § 68.50.160):
1.) The person designated in the decedent’s DD 93 form
2.) An agent properly designated in writing
3.) A spouse or state designated domestic partner
4.) A majority of adult children
5.) Parents
6.) A majority of adult siblings
7.) An appointed guardian
West Virginia (W. VA. Code § 30-6-22):
1.) If the decedent served in the military, a person designated in a DD 93 form
2.) A spouse, unless a petition to dissolve the marriage was pending at the time of death
3.) An agent properly designated in writing
4.) Any next of kin or person who may be chargeable with the funeral expenses
5.) Parents

Wisconsin (Wisc. Stat. § 154.30):
1.) A representative of the decedent acting under the decedent’s authorization
2.) A spouse
3.) An adult child or majority of adult children
4.) Parent(s)
5.) A sibling or majority of siblings
6.) An individual in the next degree of kinship
7.) An appointed guardian
8.) Any individual who is willing to control the final disposition and who attest in writing to making a good faith effort to contact the previously listed people

Wyoming (Wyo. Stat. Ann. § 2-17-101):
1.) A spouse
2.) An adult child
3.) Either parent
4.) An adult sibling
5.) A grandparent
6.) A stepchild
7.) A guardian