§ 35-21-812 — Removal Of Remains -- When Removal Excepted

35-21-812 . Removal of remains -- when removal excepted. (1) The remains of a deceased person may be removed from a plot in a mausoleum or columbarium with the consent of the mausoleum-columbarium authority and the written consent of one of the following in the order named:
(a) a spouse;
(b) a majority of adult children;
(c) a parent;
(d) the surviving brothers or sisters of the decedent;
(e) a close relative of the decedent; or
(f) in the absence of a person listed in subsections (1)(a) through (1)(e), a personal representative, a public administrator, the decedent through a preneed authorization, or others designated by the board of funeral service by rule.
(2) If the required consent cannot be obtained, permission by the district court in the county where the mausoleum or columbarium is situated is sufficient if the permission does not violate the terms of a written contract or rules of the mausoleum-columbarium authority.
(3) Notice of application to the court for the permission provided for in subsection (2) must be given at least 15 days prior to a hearing on the application to the mausoleum-columbarium authority and to persons listed in subsections (1)(a) through (1)(e) not consenting and to other persons on whom service of notice may be required by the court.

Legislative History

En. Sec. 8, Ch. 283, L. 1999.