I need information on Pennsylvania laws regarding disposition of bodies after death

Full question:

I need information on Pennsylvania laws regarding disposition of bodies after death and whether the wishes of the deceased in writing are accepted.

• Category: Misc
• Date: 04/07/2025
• State: Pennsylvania

Answer:

The following are Pennsylvania statutes:

20 Pa.C.S.A. § 305. Right to dispose of a decedent's remains

(a) General rule. — The determination of the final disposition of
a decedent's remains shall be as set forth in this section unless
otherwise specifically provided by waiver and agreement of the person
entitled to make such determination under this section, subject to the
provisions of a valid will executed by the decedent and section 8611(a)
(relating to persons who may execute anatomical gift).

(b) Disposition of the remains of a deceased spouse. — Absent an
allegation of enduring estrangement, incompetence, contrary intent or
waiver and agreement which is proven by clear and convincing evidence, a
surviving spouse shall have the sole authority in all matters pertaining
to the disposition of the remains of the decedent.

(c) Disposition of the remains of others. — If there is not a
surviving spouse, absent an allegation of enduring estrangement,
incompetence, contrary intent or waiver and agreement which is proven by
clear and convincing evidence, the next of kin shall have sole authority
in all matters pertaining to the disposition of the remains of the
decedent.

(d) Procedure. — Where a petition alleging enduring
estrangement, incompetence, contrary intent or waiver and agreement is
made within 48 hours of the death or discovery of the body of the
decedent, whichever is later, a court may order that no final disposition
of the decedent's remains take place until a final determination is made
on the petition. Notice to each person with equal or higher precedence
than the petitioner to the right to dispose of the decedent's remains and
to his attorney if known and to the funeral home or other institution
where the body is being held must be provided concurrently with the
filing of the petition. A suitable bond may be required by the court.

(1) If the court determines that clear and convincing evidence
establishes enduring estrangement, incompetence, contrary intent or
waiver and agreement, the court shall enter an appropriate order
regarding the final disposition which may include appointing an attorney
in fact to arrange the final disposition, with reasonable costs
chargeable to the estate.

(2) If two or more persons with equal standing as next of kin disagree
on disposition of the decedent's remains, the authority to dispose shall
be determined by the court, with preference given to the person who had
the closest relationship with the deceased.

(3) If the court determines that the petition is not supported by a
clear and convincing evidence, the court may award attorney fees. An
award of attorney fees shall constitute a setoff against any claim by the
petitioner against the estate.

(e) Definitions. — As used in this section, the following words
and phrases shall have the meanings given to them in this subsection:

"Contrary intent." An explicit and sincere expression, either verbal or
written, of a decedent adult or emancipated minor prior to death and not
subsequently revoked that a person other than the one authorized by this
section determine the final disposition of his remains.

"Enduring estrangement." A physical and emotional separation from the
deceased at the time of death of the person authorized by this section to
determine the final disposition of the decedent's remains, which has
existed for a period of time that clearly demonstrates an absence of due
affection, trust and regard for the deceased.

"Next of kin." The spouse and relatives by blood of the deceased in
order that they be authorized to succeed to the deceased's estate under
Chapter 21 (relating to intestate succession) as long as the person is an
adult or an emancipated minor.

20 Pa.C.S.A. § 8611. Persons who may execute anatomical gift

(a) General rule. — Any individual of sound mind and 18 years of
age or more may give all or any part of his body for any purpose
specified in section 8612 (relating to persons who may become donees;
purposes for which anatomical gifts may be made), the gift to take effect
upon death. Any agent acting under a power of attorney which authorizes
the agent to make anatomical gifts may effectuate a gift for any purpose
specified in section 8612. Any individual who is a minor and 16 years of
age or older may effectuate a gift for any purpose specified in section
8612, provided parental or guardian consent is deemed given. Parental or
guardian consent shall be noted on the minor's donor card, application
for the donor's learner's permit or driver's license or other document of
gift. A gift of the whole body shall be invalid unless made in writing at
least 15 days prior to the date of death or consent is obtained from the
legal next of kin. Where there are adult children of the deceased who are
not children of the surviving spouse, their consent shall also be
required for a gift of the whole body for anatomical study.

(b) Others entitled to donate anatomy of decedent. — Any of the
following persons, in order of priority stated, when persons in prior
classes are not available at the time of death, and in the absence of
actual notice of contrary indications by the decedent or actual notice of
opposition by a member of the same or a prior class, may give all or any
part of the decedent's body for any purpose specified in section 8612:

(1) The spouse.

(2) An adult son or daughter.

(3) Either parent.

(4) An adult brother or sister.

(5) A guardian of the person of the decedent at the time of his death.

(6) Any other person authorized or under obligation to dispose
of the body.

(c) Donee not to accept in certain cases. — If the donee has
actual notice of contrary indications by the decedent or that a gift by a
member of a class is opposed by a member of the same or a prior class,
the donee shall not accept the gift. The persons authorized by subsection
(b) may make the gift after or immediately before death.

(d) Examinations. — A gift of all or part of a body authorizes
any examination necessary to assure medical acceptability of the gift for
the purposes intended.

(e) Rights of donee paramount. — The rights of the donee
created by the gift are paramount to the rights of others except
as provided by section 8616(d) (relating to rights and duties at
death).

20 Pa.C.S.A. § 8613. Manner of executing anatomical gifts

(a) Gifts by will. — A gift of all or part of the body under
section 8611(a) (relating to persons who may execute anatomical gift) may
be made by will. The gift becomes effective upon the death of the
testator without waiting for probate. If the will is not probated or if
it is declared invalid for testamentary purposes, the gift, to the extent
that it has been acted upon in good faith, is nevertheless valid and
effective.

(b) Gifts by other documents. — A gift of all or part of the body
under section 8611(a) may also be made by document other than a will. The
gift becomes effective upon the death of the donor. The document, which
may be a card designed to be carried on the person, must be signed by the
donor in the presence of two witnesses who must sign the document in his
presence. If the donor is mentally competent to signify his desire to sign
the document but is physically unable to do so, the document may be
signed for him by another at his direction and in his presence in the
presence of two witnesses who must sign the document in his presence.
Delivery of the document of gift during the donor's lifetime is not
necessary to make the gift valid.

(c) Specified and unspecified donees. — The gift may be made to a
specified donee or without specifying a donee. If the latter, the gift may
be accepted by the attending physician as donee upon or following death.
If the gift is made to a specified donee who is not available at the time
and place of death, the attending physician upon or following death, in
the absence of any expressed indication that the donor desired
otherwise, may accept the gift as donee. The physician who becomes a
donee under this subsection shall not participate in the procedures for
removing or transplanting a part.

(d) Designation of person to carry out procedures. —
Notwithstanding section 8616(b) (relating to rights and duties at
death), the donor may designate in his will, card or other document of
gift the surgeon or physician to carry out the appropriate procedures. In
the absence of a designation or if the designee is not available, the
donee or other person authorized to accept the gift may employ or
authorize any surgeon or physician for the purpose, or, in the case of a
gift of eyes, he may employ or authorize a person who is a funeral
director licensed by the State Board of Funeral Directors, an eye bank
technician or medical student, if the person has successfully completed a
course in eye enucleation approved by the State Board of Medical
Education and Licensure, or an eye bank technician or medical student
trained under a program in the sterile technique for eye enucleation
approved by the State Board of Medical Education and Licensure to
enucleate eyes for an eye bank for the gift after certification of death
by a physician. A qualified funeral director, eye bank technician or
medical student acting in accordance with the terms of this subsection
shall not have any liability, civil or criminal, for the eye
enucleation.

(e) Consent not necessary. — If a donor card, donor driver's
license, living will, durable power of attorney or other document of gift
evidencing a gift or organs or tissue has been executed, consent of any
person designated in section 8611(b) at the time of the donor's death or
immediately thereafter is not necessary to render the gift valid and
effective.

(f) Documentation of gifts by others. — Any gift by a person
designated in section 8611(b) shall be made by a document signed by him
or made by his telegraphic, recorded telephonic or other recorded
message.