Priority for the Right of Distribution of Remains and Funeral Arrangements

Provisions have been adopted to the Nebraska Probate Code that clarify who has authority to make decisions regarding a decedent’s funeral or disposition of remains. Section 30-2223 provides that by affidavit or will, any person who is eighteen years of age or older may direct the location, manner, and conditions of disposition of his or her remains, as well as the arrangements for funeral goods and services to be provided upon his or her death.

In carrying out the decedent’s directions for disposition of remains or funeral services, the power is vested in any person who is designated by the decedent. If no one is designated or the person designated fails to act, the Legislature has provided a priority list for the exercise of the power. First priority is the surviving spouse, followed by the decedent’s children. If there are no children or surviving spouse, the priority goes to related parties (parents, siblings, grandparents, or the next closest relative). If none of the above are available, the guardian of the decedent, the personal representative, or other representatives will have the power.

Any person entitled to the right of disposition shall forfeit the right if it is not exercised within the earlier of three days after notification of death or four days after the decedent’s death. The right of disposition is also forfeited if the person was estranged from the decedent, as determined by a county court. There are also provisions allowing a court to handle disputes over the right of disposition and notwithstanding the priority listed above or the designation by the decedent, the court has the power to award the right to a person who the court determines to be most fit and appropriate.

For additional information see, Neb. Rev. Stat. 30-2223, available at http://nebraskalegislature.gov/laws/statutes.php?statute=30-2223.

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