In most cases, the legal right to make funeral arrangements follows a clear next-of-kin hierarchy: first a spouse or domestic partner, then adult children, parents, siblings, and other relatives. If no family is available, the county or state may step in. Some states also allow you to appoint a funeral agent in writing, which overrides this order.
When a loved one passes away, grieving families are often left facing not only heartbreak but also important decisions. One of the first questions that arises is: Who has the legal right to make funeral arrangements?
At Paige, we know these moments can be overwhelming. Understanding the rules in advance—and documenting your wishes—can prevent conflict and ensure your funeral reflects your values and legacy.
The Next of Kin Hierarchy
Laws vary by state, but most follow a similar “next of kin” order. To qualify as next of kin in this situation, the person must be over the age of 18. These rights typically apply equally to biological, adoptive, half-, and step-relations.
- Spouse or domestic partner
The surviving spouse or legal domestic partner usually has the first right to make funeral arrangements, including decisions about burial or cremation. They are expected to follow the wishes of the deceased if those wishes are known and reasonable. - Adult children
If no spouse survives, responsibility passes to adult children. In families with more than one child, most states require them to work together. A majority decision usually rules. If they cannot agree, the matter could go to probate court. - Parents of the deceased
Parents step in if there is no surviving spouse or children. Though a painful responsibility, they hold legal authority in these circumstances. - Siblings
If parents are no longer living or are unable to act, siblings have the authority to make arrangements. As with children, the majority decision applies if there are multiple siblings. - Other next of kin
If none of the above are available, the right passes to extended family—grandparents, aunts or uncles, nieces or nephews, cousins, and in some states even close friends.
If there’s no next of kin
In cases where a person dies without family or legal documentation, the county takes responsibility. Local social services departments will first attempt to locate relatives or written instructions. If none are found, they arrange for a basic burial or cremation.
Can You Decide for Yourself?
Yes—and it’s the clearest way to avoid uncertainty. Many states allow you to:
- Pre-plan with a funeral home (often with a prepaid arrangement).
- Record your wishes in writing in a separate document, advance directive, or estate plan.
- Appoint a funeral agent or healthcare proxy with legal authority to carry out your decisions.
Why Documenting Your Wishes Matters
Family disagreements over funeral arrangements are more common than you might think—especially in cases of blended families, differing religious or cultural practices, or when loved ones live far apart.
By making your wishes known in advance, you protect your family from confusion, stress, and potential disputes.
With Paige, you can record your funeral preferences, securely store documents, and designate trusted contacts who will carry out your plans.
Frequently Asked Questions
What if family members disagree?
If there’s no appointed agent, state law usually requires a majority decision among the next of kin. If they cannot agree, the matter could go to court.
Can I choose someone outside my family?
Yes. In many states, you can appoint a trusted friend or other individual as your “designated agent” for funeral decisions.
Do funeral homes require legal proof?
Yes. Funeral directors typically require documentation, such as a signed appointment form or proof of kinship, before carrying out arrangements.
Take Control of Your Legacy
Planning your own funeral arrangements isn’t about dwelling on loss—it’s about giving your loved ones peace of mind. By deciding who has the right to make funeral arrangements, and recording your wishes with Paige, you make a difficult time easier for those you love.
Because protecting your legacy also means protecting your family from added stress when they need comfort most.
