Next of Kin and Cremation: Who Can Make the Plans?

When planning their own or a loved one's final arrangements, the first question many people face is whether to choose cremation or burial. Budget constraints may influence some decisions, while others might base their choice on religious beliefs or family traditions.

But whatever those values or constraints are, if those choices are not put in writing, it can fall to someone’s next of kin to choose an option after death.

What Does Next of Kin Mean for Cremation Decisions?

At its most simple level, the next of kin is someone’s closest relative. The next of kin (abbreviated as NOK) is the person who is authorized to make certain choices after death for their loved one. Among those is choosing cremation or burial and filing the appropriate legal paperwork with the funeral provider. The next of kin designation can also be important for other aspects of after-life affairs if someone has died without a will (also called intestacy), like dividing their property.

State Laws for Next of Kin and Cremation

Laws about the funeral industry and next of kin vary in each state. Every state will have a hierarchy in which relatives can sign paperwork. Often, the first choice is the spouse. However, planning with a funeral provider or leaving behind legal paperwork can help you avoid the complexity and confusion of next-of-kin laws. If you make your own decisions and leave behind the proper documents, it will not be necessary to move the choice of your disposition to the next of kin.

Who Has Legal Authority to Approve Cremation?

The best person to authorize your cremation is you. If you don’t have your wishes in writing or clearly articulated to your family, here are some important points to consider:

Legal Authorization for the Cremation Form: The funeral provider will work with the family to identify who is legally permitted to make the choice.

Next of Kin Varies by State: 

• In some states, a separated spouse may not be considered your next of kin.
• In other states, if the decision falls to children or siblings, a majority agreement may be required.

Preplanning Your Cremation to Protect Your Loved Ones

To save your family from unnecessary stress and headaches, you can work with your funeral provider to make burial or cremation plans ahead of time and sign the necessary paperwork. Many have options, including funeral insurance and payment plans, to pay ahead as well. Some consumer groups say planning ahead does not have to mean paying ahead, but you can choose which option works for you. There is one reason that even consumer advocates recommend planning ahead, however, and that is if you need to “spend down” to lower your assets to qualify for Medicaid help.

According to the Funeral Consumers Alliance, though you can put your preference in a will, it is best to get your choices in a separate document that is notarized. The FCA also has information on how to name someone to control your disposition in each state.

How to Make Your Cremation Wishes Legally Binding

According to the Cremation Association of North America (CANA), there are three options for handling your choice of cremation: 

• You can plan with a provider and pay ahead for your services. 
• You can talk with loved ones about your choices.
• You can do nothing.

According to CANA, there are no positive results, only negative consequences, from “doing nothing” because your loved ones will have to pay and plan your final disposition without the benefit of knowing what you wanted.

By preparing the necessary legal documents to specify your choices, assigning someone to make decisions on your behalf, or planning ahead with a funeral provider, you can clearly communicate your wishes. This will prevent your next of kin from having to make these decisions for you. Funeral preplanning also ensures that you have the type of farewell that reflects your wishes, beliefs, and budget, not to mention permanent memorials. For more information on Next of Kin and state laws, be sure to read our article, Who Will Make Your Funeral Arrangements? State Laws Vary.