A. In the absence of a designation under § 54.1-2825, when there is a disagreement among a decedent's next of kin concerning the arrangements for his funeral or the disposition of his remains, any of the next of kin may petition the circuit court where the decedent resided at the time of his death to determine which of the next of kin shall have the authority to make arrangements for the decedent's funeral or the disposition of his remains. The court may require notice to and the convening of such of the next of kin as it deems proper.
B. In determining the matter before it, the court shall consider the expressed wishes, if any, of the decedent, the legal and factual relationship between or among the disputing next of kin and between each of the disputing next of kin and the decedent, and any other factor the court considers relevant to determine who should be authorized to make the arrangements for the decedent's funeral or the disposition of his remains.
2010, c. 383.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
§ 54.1-2802. Board; appointment; terms; vacancies; meetings; quorum
§ 54.1-2803. Specific powers and duties of Board
§ 54.1-2804. Licensing authority
§ 54.1-2806. Refusal, suspension, or revocation of license, registration, or courtesy card
§ 54.1-2807. Other prohibited activities
§ 54.1-2807.01. When next of kin disagree
§ 54.1-2807.02. Absence of next of kin
§ 54.1-2807.1. Confidentiality of information on infectious diseases
§ 54.1-2808.1. Disposition of cremains
§ 54.1-2808.2. Identification of unclaimed cremains of veterans and eligible dependents
§ 54.1-2808.3. Acceptance of third-party-provided caskets
§ 54.1-2810. Licensure of funeral establishments
§ 54.1-2811. Facility requirements
§ 54.1-2811.1. Handling and storage of human remains
§ 54.1-2812. Itemized statement and general price list of funeral expenses to be furnished
§ 54.1-2813. License for the practice of funeral service
§ 54.1-2814.1. Registration as a cremator
§ 54.1-2815. Application for license; how license signed; duration
§ 54.1-2816. License renewal; failure to return renewal form
§ 54.1-2816.1. Continuing education requirements; promulgation of regulations
§ 54.1-2817. Funeral service interns
§ 54.1-2818. Registration and display of licenses
§ 54.1-2818.1. Prerequisites for cremation
§ 54.1-2818.2. Inapplicability to officers of state and local institutions
§ 54.1-2818.3. Applications for registration required
§ 54.1-2818.4. Immunity from liability for services after organ and tissue donation
§ 54.1-2818.5. Request for life insurance information; notification of beneficiaries
§ 54.1-2819. Registration of surface transportation and removal services; penalty
§ 54.1-2820. Requirements of preneed funeral contracts
§ 54.1-2822. Deposit of money received pursuant to preneed funeral contract
§ 54.1-2822.1. Funeral establishments to maintain preneed records
§ 54.1-2823. Exemption from levy, garnishment and distress
§ 54.1-2824. Declaration of trust in consideration other than money
§ 54.1-2825. Person to make arrangements for funeral and disposition of remains