§ 62-5-705 — Petition to court with probate jurisdiction to make determination in case of dispute concerning disposition - Considerations in determination

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: (1) The reasonableness and practicality of the proposed funeral arrangements and disposition; (2) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition; (3) The desires of the person who is ready, able and willing to pay the cost of the funeral arrangements and disposition; (4) The convenience and needs of other families and friends wishing to pay respects; (5) The desires of the decedent; and (6) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect.

Legislative History

Acts 2012 , ch. 828, § 2.