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.
Most US states have a specific 'right of disposition' statute that names who can make these decisions and in what order. The right can be assigned in advance using a designation of agent form (sometimes called a 'declaration of disposition' or 'appointment of designated agent'), which most states recognize.
Funeral homes will not proceed with cremation or burial without a signature from someone with this right. If the right-holder is unreachable, or if there is a dispute, the funeral home will hold the body until the question is resolved — sometimes through a court order.
- 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.
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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