Next of kin
The person legally authorized to make decisions about the body, burial, and arrangements. Order is set by state law, not by who was emotionally closest.
State law sets a strict order of priority: a designated agent (if the deceased filled out a 'designation of agent' form), then the surviving spouse, then adult children (by majority), then parents, then adult siblings, and outward from there. An unmarried partner has no legal standing in most states unless a designation form was completed.
Disputes are common when adult children disagree about cremation versus burial, when an estranged spouse outranks an adult child who actually provided care, or when chosen family is excluded by the legal hierarchy. The funeral home will follow the legal order unless there is a notarized designation form or a court order.
If the person who died was in an unmarried relationship, was estranged from family, or had any nontraditional family structure, a 'designation of agent' form filed in advance is the only reliable way to give the right person decision-making authority.
- Right of disposition— The legal right to decide what happens to a body after death — cremation versus burial, where, and when. Follows the same hierarchy as next of kin.
- Death certificate— The official government document recording the death. Required for almost everything that comes after — bank accounts, insurance, Social Security, probate, transferring property.
This definition is general consumer information, not legal, medical, or financial advice. Industry practices and regulations change occasionally; verify before relying on anything here for a specific decision.
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