Who has the legal right to make funeral and cremation arrangements?
Utah Code § 58-9-602 – Determination of Control of Disposition
Utah law establishes an order of priority for determining who has the legal right and duty to control the disposition of a deceased person, including cremation and arrangements for funeral goods and services. A person exercising this right must generally be at least 18 years old and mentally competent.
The following is a simplified guide to the order of priority under Utah Code § 58-9-602:
Person designated by the deceased in a qualifying written instrument, including certain military designations such as DD Form 93.
Surviving legally recognized spouse, unless the deceased nominated a personal representative after the marriage who has priority under the statute.
Person nominated as personal representative in the deceased’s valid will.
Surviving child or children. If there is more than one surviving child, Utah law contains specific rules regarding majority agreement and circumstances in which fewer than a majority may act.
Surviving parent or parents. Utah law contains additional rules when one parent cannot be located or in certain guardianship circumstances.
Surviving sibling or siblings. If there is more than one surviving sibling, Utah law contains specific rules regarding majority agreement and circumstances in which fewer than a majority may act.
Persons in the next degree of kinship, in descending order under Utah laws governing inheritance and distribution.
The deceased’s guardian at the time of death, if no person in the preceding categories is available.
A public official charged with arranging disposition of deceased persons.
Another person willing to assume responsibility for the final disposition, when no person with higher priority under the statute is available.
Important Legal Notice
This information is provided solely as a general guide and convenience to assist you in identifying who may have the legal right to make funeral or cremation arrangements. It is not a complete statement of Utah law and is not legal advice.
You are responsible for reviewing and understanding the actual Utah statute and for determining that you have the legal authority to act. Please review Utah Code § 58-9-602 in its entirety before proceeding.
By continuing with these arrangements, you represent and certify that you have reviewed or had the opportunity to review Utah Code § 58-9-602, that the information you have provided is true and accurate, and that you have the legal right and authority to control the disposition of the deceased.
You further acknowledge that the funeral establishment is relying upon your representations regarding your authority to act.
Official Utah Code: Utah Code § 58-9-602 – Determination of Control of Disposition