US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
Is there a form I can sign giving someone authority to handle burial affairs and remains?

Is there a form I can sign giving someone authority to handle burial affairs and remains?

Full question:

I am looking for a form that will give me the right to handle a person remains after their death. This would be something signed by the person during his/her lifetime giving me the authority to deal with burial, funeral arrangements, etc.

Category: Wills and Estates
Date: 04/07/2025
State: Utah

Answer:

Utah’s Uniform Probate Code provides that a person named executor in any will, prior to appointment, may carry out the written instructions of the decedent relating to body, funeral, and burial arrangements. An executor under a will has a right and duty to carry out any reasonable and proper directions made in the will with regard to the disposition of the body after death. Matter of Moyer's Estate, 577 P.2d 108 (Utah 1978).

Sample Will Clauses:
I direct my personal representative to make arrangements for my funeral at (name of funeral home), for religious services with (name of church), located at (address of church), and for my burial in the family plot located in (name of cemetery), at (address of cemetery).

I further direct that my body be cremated as soon as possible after my death by (crematorium), located in the City of ________, State of________, and that, after such cremation, my ashes be disposed of as (my spouse or my son or my executor) may direct or state manner of disposal.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What not to do immediately after someone dies?

After someone dies, avoid making hasty decisions about their remains or funeral arrangements. Do not rush to dispose of personal belongings or make significant changes to their estate without consulting legal advice. It's also important not to overlook notifying the necessary authorities, such as the local health department or coroner, depending on the circumstances of the death. Take time to grieve and gather support before making important decisions.

What is a form 10 for cremation?

A Form 10 for cremation is typically a document that authorizes the cremation of a deceased person. It may include details such as the identity of the deceased, the consent of the legal next of kin, and instructions for the handling of the remains. This form is essential to ensure that the cremation process complies with state laws and respects the wishes of the deceased and their family.

Whose ashes do you get after cremation?

Generally, the ashes belong to the individual who arranged for the cremation, often the next of kin or the executor of the estate. If there are multiple family members involved, it may be necessary to reach an agreement on the distribution of the ashes. State laws may also dictate how ashes are handled, so it's important to check local regulations to ensure compliance.

Who has rights to ashes after cremation in California?

In California, the rights to ashes after cremation typically belong to the person who authorized the cremation, usually the legal next of kin. If there are disputes among family members, California law encourages mediation to resolve conflicts. It's advisable to have clear documentation of the deceased's wishes regarding the disposition of their ashes to avoid confusion.

Who has legal rights to cremated remains in California?

Legal rights to cremated remains in California are typically granted to the individual who signed the cremation authorization form, often a family member or the executor of the estate. If the deceased left a will or other legal documents specifying their wishes for the remains, those instructions should be followed. In the absence of clear directives, family members may need to come to an agreement.

What paperwork has to be done after someone dies?

After someone dies, several important documents need to be handled. You must obtain a death certificate, which is essential for settling the estate and handling funeral arrangements. If the deceased had a will, it should be located and reviewed. Additionally, any pre-arranged funeral plans or burial instructions should be followed. It's also advisable to notify relevant agencies, such as Social Security, and to begin the probate process if necessary.