Who has the primary right to control the final disposition of a deceased person?

The right to control the final disposition of a deceased person typically falls to the individual designated by state law or legal documents, such as a will. In many jurisdictions, when a person passes away and has not specified otherwise, the spouse is often considered the first in line to make decisions about disposition. However, if the spouse is not available or has predeceased the individual, the responsibility may then shift to adult children.

The children of legal age are empowered to make these decisions in the absence of a designated individual. This means they can make arrangements for burial, cremation, or other forms of disposition as long as there are no contrary directives provided in a will or legally binding document. The acceptance of this right acknowledges the familial relationship and often the wishes the deceased may have expressed informally to their children.

Understanding this hierarchy is essential, as it clarifies who should be making the arrangements, particularly when disputes arise among family members, or when no clear instructions are available. Other parties such as parents of the deceased or executors of the estate may have roles in the aftermath of a death, but the direct right to control disposition is primarily given to those more closely related, like the adult children, unless there are specific directives to the contrary.