"Next of Kin"
means a person's closest living blood relative, or relatives
According to Utah code 58-9-602 updated in 2024 the right and duty
to control disposition of a deceased person
vests in the following order
In layman's terms (more details in the law wording (58-9-602):
The right and duty to control the disposition of a deceased person, which may include cremation as well as the location, manner and conditions of the disposition, and arrangements for funeral goods and services to be provided, vests in the following degrees of relationship in the order named, provided the person is at least 18 years old and is mentally competent:
1st A person designated in writing (EXCLUDES power of attorney) [print a form to do that here]
2nd The legally recognized spouse;
3rd The person nominated to serve as the personal representative of the decedent's estate in a will.
4th The majority of the decedents' children over the age of 18 (less than ½ if no contact can be made and no objection is known of)
5th The surviving parents (or parent if one can not be contacted), or lawful custodian.
6th A surviving brother or sister or majority of such
7th Other relatives, in order of degree of kinship
8th Any public official
9th Any other willing person, after attesting in writing that a good faith effort has been made to contact any of the above.
Assign the right to control disposition of remains
-When your after-death preferences are not declared in writing (nor agreed to by your next-of-kin)
or
-When the right divests to too many next-of-kin, such as both divorced parents, or a majority of siblings or children who don't agree with you or with each other.
Three ways you lose your right to control disposition of remains:
58-9-603. Loss of right of disposition
(1) As used in this section, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of affection, trust, and regard for the decedent.
(2) A person who has a right of disposition under this chapter forfeits that right and the right is passed on to the next qualifying person as listed in Section 58-9-602 under the following circumstances:
(a) the person is charged with first or second degree murder or voluntary manslaughter in connection with the decedent's death, and the charges are known by the funeral service director, except that if the charges against the person are dropped or if the person is acquitted of the charges, the right of disposition is returned to the person;
(b) the person does not exercise the person's right of disposition within three days of notification of the decedent's death or within five days of the decedent's death, whichever is earlier; or
(c) if a probate court under Section 58-9-605 determines that the person entitled to the right of disposition and the decedent were estranged at the time of death.
Last updated 2007 General Session
Disposition Disputes across the country illustrate the value of assigning one individual.
Utah code 58-9-605 addresses these issues.