When someone dies, Florida law decides who has the right to direct the funeral and the final disposition (burial, cremation or other). Florida calls this person the “legally authorized person.” The definition is in section 497.005, Florida Statutes.
The general order of priority
The following is a simplified summary. The statute contains more detail and exceptions.
- The person who died, through written directions they made before death (for example in a pre-need contract or a signed document).
- A person the deceased designated in writing to direct disposition. For service members, this includes the person named on the Department of Defense Record of Emergency Data (DD Form 93).
- The surviving spouse, with limited exceptions.
- The deceased’s adult children (18 or older). If there is more than one, a majority of those who can be reasonably located.
- The deceased’s parents.
- The deceased’s adult brothers and sisters (a majority of those who can be reasonably located).
- Adult grandchildren, then grandparents, then other relatives in the next degree of kinship.
- Others described in the statute, such as a guardian or the personal representative of the estate in some situations, or a public official when no one else is available.
Why this matters
- The funeral home needs the right person to sign contracts and, for cremation, the cremation authorization. If there are several people with equal priority (for example, three adult children), the funeral home may ask for a majority to sign or to confirm.
- A will is often not read until after the funeral, so written funeral wishes are best kept somewhere the family can find them quickly.
If family members disagree
Funeral homes and crematories generally cannot proceed with a disputed cremation. They may wait until the family reaches agreement or a court decides. If you expect a dispute, tell the funeral director early and consider speaking with a Florida attorney.
How to make your own wishes clear
- Put your wishes in writing and tell the person you want in charge.
- Consider a pre-need arrangement, which records your choices with a funeral home. See funeral planning.
- Service members: keep DD Form 93 up to date.
This article is general information about Florida funeral practices, not legal advice. Florida law regulates the handling, transportation, cremation and disposition of human remains, and requirements can depend on the circumstances. For advice about a specific situation, speak with a licensed Florida funeral director or an attorney. Editorial policy.