Who Has the Rights to a Person’s Cremated Remains?

When a family is planning cremation services in Clearwater, FL for a loved one, there will usually be at least a few family members in attendance during the planning process. It can sometimes create some confusion over who will have the legal right to a person’s cremated remains. The person who is leading the charge during the planning process isn’t always going to be the person who will be able to lay claim to the cremated remains of a person. So, who will have the rights to a person’s remains once their cremation is complete? Find out below.

A person’s spouse or domestic partner will be the first person who can claim their remains.

Generally speaking, the first person who will be able to claim a loved one’s cremated remains following their Clearwater, FL cremation will be the spouse or domestic partner of the person being cremated. This person can take possession of these remains and decide what they would like to do with them next without having to consult anyone else. Even if a person may not have been on the best of terms with a spouse or domestic partner, the spouse or domestic partner will still be the first person eligible to collect their remains because of the cremation laws that are in place.

A person’s next of kin will be the next option to get their remains.

If a person dies without a spouse or a domestic partner, their next of kin will be the next person who can claim their remains. This next of kin is often going to be the executor of their estate. It might be their sibling, their child, or someone else who will be handling all their personal affairs in the aftermath of their death. This person is also going to be claiming many of their other assets, and this will ultimately include their cremated remains.

An entire family can help decide what to do with a loved one’s remains.

While there is going to be one specific person who can claim a loved one’s remains, they aren’t always going to be the only one to have a say in what is done with the remains. They might choose to open up a conversation with other family members about what should be done with the remains. A family might decide to bring the remains home and put them out on display. They might also decide to bury the remains in a cemetery or scatter the remains in a special place. In a perfect world, a family should try to come to a consensus on what’s going to be done with a loved one’s remains.

A crematory can provide more information on who should get a person’s remains.

If you and your family aren’t sure who is going to be legally responsible for accepting a loved one’s remains, you should talk to a cremation specialist from a crematory about it. They will be able to shed some light on who should get your loved one’s remains based on the laws that are in place in Florida. They can also help families get on the same page when they’re having a hard time deciding what should be done with a loved one’s cremated remains.

Is your family trying to come to an agreement on what should be done with your loved one’s cremated remains? We can lend a helping hand to you. We can also assist families with every aspect of their loved one’s Clearwater, FL cremations. Reach out to us now to get started.