If two (2) or more persons hold the right of disposition pursuant to § 62-5-703, and they cannot, by majority vote, make a decision regarding the disposition of the decedent’s remains, any of such persons or a funeral establishment with custody of the remains may file a petition asking the court with probate jurisdiction to make a determination in the matter. If a funeral establishment brings an action under this section, or relies upon this section to defend itself in a related lawsuit, the court may award legal fees and court costs associated with a petition under this section to the cost of final disposition. The court with probate jurisdiction for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the decedent’s remains if those sharing the right of disposition cannot agree. The court may consider the following in making such determination:
Structure 2021 Tennessee Code
Title 62 - Professions, Businesses and Trades
Chapter 5 - Funeral Directors and Embalmers
Part 7 - Disposition of Human Remains
§ 62-5-703. Order in Which Rights to Control Vest
§ 62-5-704. Circumstances Under Which Rights Forfeited
§ 62-5-707. Funeral Establishment's Right to Rely on Contract or Authorization
§ 62-5-708. Reasonable Reliance Upon Instructions
§ 62-5-709. Release of Remains to Selected Funeral Establishment