The Frugal Undertaker

We are going to try to clarify who has the right to arrange a burial or cremation. The following is what the law says and what we follow.

Here is the legal language that we MUST follow.

Sec. 711.002. DISPOSITION OF REMAINS;    DUTY TO INTER.    (a)  Except as provided by Subsection  (1), unless a decedent has left directions in writing for the dispositon of the decedent's remains as provided in Subsection  (g), the following persons, in the priority listed, have the right to control the disposition, including cremation, of the decedent's remains, shall inter the remains, and are liable for the reasonable cost of interment:

     (1)   the person designated in a written instrument signed by the decedent;

     (2)   the decedent's surviving spouse;

     (3)   any one of the decedent's surviving adult children;

     (4)   either one of the decedent's surviving parents;

     (5)   any one of the decedent's surviving adult siblings; or

     (6)   any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.

(a-1)   If a United States DOD Record of Emergency Data, DD Form 93, or a successor form, was in effect at the time of death for a decedent who died in a manner described by 10 U.S.C. Sections 1481 (a) (1) through (8), the DD Form 93 controls over any other written instrument described by Subsection (a) (1) or (g) with respect to designating a person to control the disposition of the decedent's remains. Notwithstanding Subsections (b) and (c), the form is legally sufficient if it is properly completed, signed by the decedent, and witnessed in the manner required by the form.