1. (A) In the following order of priority these persons may serve as a decedent's agent and in the absence of a preneed cremation authorization may authorize cremation of the decedent:

   1. (1) the person designated as agent for this purpose by the decedent in a will or other verified and attested document, or a person named in the decedent's United States Department of Defense Record of Emergency Data Form (DD Form 93), or its successor form, if the decedent died while serving in any branch of the United States Armed Services, as defined in 10 U.S.C. Section 1481, and there is no known designation in a will or other verified and attested document of the decedent;
   2. (2) the spouse of the decedent at the time of the decedent's death;
   3. (3) the decedent's surviving adult children;
   4. (4) the decedent's surviving parents;
   5. (5) the persons in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent.

2. (B) In the absence of a person serving as a decedent's agent pursuant to subsection (A), the following may serve as an agent and may authorize a decedent's cremation:

   1. (1) a person serving as executor or legal representative of the decedent's estate and acting according to the decedent's written instructions;
   2. (2) a public administrator, medical examiner, coroner, state appointed guardian, or other public official charged with arranging the final disposition of the decedent if the decedent is indigent or if the final disposition is the responsibility of the State or an instrumentality of the State.
3. (C) If a dispute arises among persons of equal priority, as provided for in subsection (A), concerning the creation of a decedent, the matter must be resolved by order of the probate court.

HISTORY: 1994 Act No. 435, Section 1; 1998 Act No. 346, Section 1; 2010 Act No. 221, Section 1, eff June 8, 2010.