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

The primary right to control the final disposition of a body typically lies with the spouse of the deceased. In many jurisdictions, this is established by laws that prioritize familial relationships in the order of decision-making for the disposition of remains. The spouse is considered the closest relative and usually has the legal authority to make decisions regarding burial or cremation, as they are generally recognized as having a significant emotional and legal connection to the deceased.

While an adult son may have some say in informal family discussions or in the context of cultural practices, he does not have the primary legal authority that is typically granted to a spouse. In the absence of a spouse, other relatives such as parents or siblings may then be consulted or may have rights of disposition according to state laws, but the spouse remains the first in line for these decisions.

Recognizing the legal hierarchy concerning the disposition of remains helps to ensure that the decisions made are consistent with the wishes and the best interests of the deceased and their immediate family.