When we use the term Next of Kin, we mean the person, who according to Texas State Law, has the right to inter or cremate the decedent. See the "Next of Kin defined" page.
Anyone can be named by the decedent in a "Written Instrument" to make funeral arrangements. However, in the absence of a Written Instrument we will need the closest relative(s) by blood or marriage to the decedent. The exception to this are legally adopted children. Also, if the closest living relative(s) by blood or marriage, due to health reasons, can not make the funeral arrangements, the person who has Statutory Durable Power of Attorney for that relative can make the funeral arrangements.
We do not recognize the term "common-law wife" or "common-law husband". If you are married please use the term "married". Also, step-children, ex-husbands and ex-wives have no legal standing to make funeral arrangements unless named by the decedent in a written instrument.
If you have a Statutory Durable Power of Attorney or Medical Power of Attorney for the decedent, those powers end at death unless otherwise specified in the document. The Statutory Durable Power of Attorney and Medical Power of Attorney are written to allow you to make decisions for the person while they are alive.
