{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-309.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-309.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-309.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-309.1.html"}],"law_id":60700,"edition_id":1,"section_id":60700,"structure_id":13399,"section_number":"32.1-309.1","catch_line":"Identification of decedent, next of kin; disposition of claimed dead body","history":"2014, c. 228; 2015, cc. 658, 670.","full_text":"A\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t\t“Disposition” means the burial, interment, entombment, cremation, or other authorized disposition of a dead body permitted by law.\n\t\t\t“Next of kin” has the same meaning assigned to it in § 54.1-2800.B\n\nIn the absence of a next of kin, a person designated to make arrangements for disposition of the decedent’s remains pursuant to § 54.1-2825, an agent named in an advance directive pursuant to § 54.1-2984, or any guardian appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 who may exercise the powers conferred in the order of appointment or by § 64.2-2019, or upon the failure or refusal of such next of kin, designated person, agent, or guardian to accept responsibility for the disposition of the decedent, then any other person 18 years of age or older who is able to provide positive identification of the deceased and is willing to pay for the costs associated with the disposition of the decedent’s remains shall be authorized to make arrangements for such disposition of the decedent’s remains. If a funeral service establishment or funeral service licensee makes arrangements with a person other than a next of kin, designated person, agent, or guardian in accordance with this section, then the funeral service licensee or funeral service establishment shall be immune from civil liability unless such act, decision, or omission resulted from bad faith or malicious intent.C\n\nUpon the death of any person, irrespective of the cause and manner of death, and irrespective of whether a medical examiner’s investigation is required pursuant to § 32.1-283 or 32.1-285.1, the person or institution having initial custody of the dead body shall make good faith efforts to determine the identity of the decedent, if unknown, and to identify and notify the next of kin of the decedent regarding the decedent’s death. If, upon notification of the death of the decedent, the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains is willing and able to claim the body, the body may be claimed by the next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains for disposition, and the claimant shall bear the expenses of such disposition. If the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains fails or refuses to claim the body within 10 days of receiving notice of the death of the decedent, the body shall be disposed of in accordance with § 32.1-309.2.D\n\nIf the person or institution having initial custody of the dead body is unable to determine the identity of the decedent or to identify and notify the next of kin of the decedent regarding the decedent’s death, the person or institution shall contact the primary law-enforcement agency for the locality in which the person or institution is located, which shall make good faith efforts to determine the identity of the decedent and to identify and notify the next of kin of the decedent. However, in cases in which the identity of the decedent and the county or city in which the decedent resided at the time of death are known, the person or institution having initial custody of the dead body shall notify the primary law-enforcement agency for the county or city in which the decedent resided regarding the decedent’s death, and the law-enforcement agency for the county or city in which the decedent resided shall make good faith efforts to identify and notify the next of kin of the decedent.\n\t\t\tIf the identity of the decedent is known to the primary law-enforcement agency or the primary law-enforcement agency is able to identify the decedent, the primary law-enforcement agency is able to identify and notify the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains, and the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains is willing and able to claim the body, the body may be claimed by the next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains for disposition, and the claimant shall bear the expenses of such disposition.\n\t\t\tIf the identity of the decedent is known or the primary law-enforcement agency is able to determine the identity of the decedent but the primary law-enforcement agency is unable, despite good faith efforts, to identify and notify the decedent’s next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains within 10 days of the date of contact by the person or institution having initial custody of the dead body, or the primary law-enforcement agency is able to identify and notify the decedent’s next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains but the next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains fails or refuses to claim the body within 10 days, the primary law-enforcement agency shall notify the person or institution having initial custody of the dead body, and the body shall be disposed of in accordance with § 32.1-309.2.E\n\nIn cases in which a dead body is claimed by the decedent’s next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains but the next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains is unable to pay the reasonable costs of disposition of the body and the costs are paid by the county or city in which the decedent resided or in which the death occurred in accordance with this section, and the decedent has an estate out of which disposition expenses may be paid, in whole or in part, such assets shall be seized for such purpose.F\n\nNo dead body that is the subject of an investigation pursuant to § 32.1-283 or autopsy pursuant to § 32.1-285 shall be transferred for purposes of disposition until such investigation or autopsy has been completed.G\n\nAny sheriff or primary law-enforcement officer, county, city, health care provider, funeral service establishment, funeral service licensee, or other person or institution that acts in accordance with the requirements of this chapter shall be immune from civil liability for any act, decision, or omission resulting from acceptance and disposition of the dead body in accordance with this section, unless such act, decision, or omission resulted from bad faith or malicious intent.H\n\nNothing in this section shall prevent a law-enforcement agency other than the primary law-enforcement agency from performing the duties established by this section if so requested by the primary law-enforcement agency and agreed to by the other law-enforcement agency.","order_by":null,"text":{"0":{"id":221891,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Disposition” means the burial, interment, entombment, cremation, or other authorized disposition of a dead body permitted by law.\n\t\t\t“Next of kin” has the same meaning assigned to it in § 54.1-2800.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221892,"text":"In the absence of a next of kin, a person designated to make arrangements for disposition of the decedent’s remains pursuant to § 54.1-2825, an agent named in an advance directive pursuant to § 54.1-2984, or any guardian appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 who may exercise the powers conferred in the order of appointment or by § 64.2-2019, or upon the failure or refusal of such next of kin, designated person, agent, or guardian to accept responsibility for the disposition of the decedent, then any other person 18 years of age or older who is able to provide positive identification of the deceased and is willing to pay for the costs associated with the disposition of the decedent’s remains shall be authorized to make arrangements for such disposition of the decedent’s remains. If a funeral service establishment or funeral service licensee makes arrangements with a person other than a next of kin, designated person, agent, or guardian in accordance with this section, then the funeral service licensee or funeral service establishment shall be immune from civil liability unless such act, decision, or omission resulted from bad faith or malicious intent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221893,"text":"Upon the death of any person, irrespective of the cause and manner of death, and irrespective of whether a medical examiner’s investigation is required pursuant to § 32.1-283 or 32.1-285.1, the person or institution having initial custody of the dead body shall make good faith efforts to determine the identity of the decedent, if unknown, and to identify and notify the next of kin of the decedent regarding the decedent’s death. If, upon notification of the death of the decedent, the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains is willing and able to claim the body, the body may be claimed by the next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains for disposition, and the claimant shall bear the expenses of such disposition. If the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains fails or refuses to claim the body within 10 days of receiving notice of the death of the decedent, the body shall be disposed of in accordance with § 32.1-309.2.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":221894,"text":"If the person or institution having initial custody of the dead body is unable to determine the identity of the decedent or to identify and notify the next of kin of the decedent regarding the decedent’s death, the person or institution shall contact the primary law-enforcement agency for the locality in which the person or institution is located, which shall make good faith efforts to determine the identity of the decedent and to identify and notify the next of kin of the decedent. However, in cases in which the identity of the decedent and the county or city in which the decedent resided at the time of death are known, the person or institution having initial custody of the dead body shall notify the primary law-enforcement agency for the county or city in which the decedent resided regarding the decedent’s death, and the law-enforcement agency for the county or city in which the decedent resided shall make good faith efforts to identify and notify the next of kin of the decedent.\n\t\t\tIf the identity of the decedent is known to the primary law-enforcement agency or the primary law-enforcement agency is able to identify the decedent, the primary law-enforcement agency is able to identify and notify the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains, and the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains is willing and able to claim the body, the body may be claimed by the next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains for disposition, and the claimant shall bear the expenses of such disposition.\n\t\t\tIf the identity of the decedent is known or the primary law-enforcement agency is able to determine the identity of the decedent but the primary law-enforcement agency is unable, despite good faith efforts, to identify and notify the decedent’s next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains within 10 days of the date of contact by the person or institution having initial custody of the dead body, or the primary law-enforcement agency is able to identify and notify the decedent’s next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains but the next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains fails or refuses to claim the body within 10 days, the primary law-enforcement agency shall notify the person or institution having initial custody of the dead body, and the body shall be disposed of in accordance with § 32.1-309.2.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":221895,"text":"In cases in which a dead body is claimed by the decedent’s next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains but the next of kin or other person authorized by law to make arrangements for disposition of the decedent’s remains is unable to pay the reasonable costs of disposition of the body and the costs are paid by the county or city in which the decedent resided or in which the death occurred in accordance with this section, and the decedent has an estate out of which disposition expenses may be paid, in whole or in part, such assets shall be seized for such purpose.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":221896,"text":"No dead body that is the subject of an investigation pursuant to § 32.1-283 or autopsy pursuant to § 32.1-285 shall be transferred for purposes of disposition until such investigation or autopsy has been completed.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":221897,"text":"Any sheriff or primary law-enforcement officer, county, city, health care provider, funeral service establishment, funeral service licensee, or other person or institution that acts in accordance with the requirements of this chapter shall be immune from civil liability for any act, decision, or omission resulting from acceptance and disposition of the dead body in accordance with this section, unless such act, decision, or omission resulted from bad faith or malicious intent.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":221898,"text":"Nothing in this section shall prevent a law-enforcement agency other than the primary law-enforcement agency from performing the duties established by this section if so requested by the primary law-enforcement agency and agreed to by the other law-enforcement agency.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13399,"edition_id":1,"name":"Disposition of Dead Human Bodies","identifier":"8.1","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:48","date_modified":"2026-06-26 03:44:48","permalink":{"id":204677,"object_type":"structure","relational_id":13399,"identifier":"8.1","token":"32.1\/8.1","url":"\/32.1\/8.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60700,"structure_id":13399,"section_number":"32.1-309.1","catch_line":"Identification of decedent, next of kin; disposition of claimed dead body","url":"\/32.1-309.1\/","token":"32.1\/8.1\/32.1-309.1","metadata":false},{"id":67654,"structure_id":13399,"section_number":"32.1-309.2","catch_line":"Disposition of unclaimed dead body; how expenses paid","url":"\/32.1-309.2\/","token":"32.1\/8.1\/32.1-309.2","metadata":false},{"id":54369,"structure_id":13399,"section_number":"32.1-309.3","catch_line":"Cremations and burials at sea","url":"\/32.1-309.3\/","token":"32.1\/8.1\/32.1-309.3","metadata":false},{"id":81966,"structure_id":13399,"section_number":"32.1-309.4","catch_line":"Determination of hazardous human remains","url":"\/32.1-309.4\/","token":"32.1\/8.1\/32.1-309.4","metadata":false},{"id":82654,"structure_id":13399,"section_number":"32.1-309.5","catch_line":"Storage of a dead human body","url":"\/32.1-309.5\/","token":"32.1\/8.1\/32.1-309.5","metadata":false}],"next_section":{"id":67654,"structure_id":13399,"section_number":"32.1-309.2","catch_line":"Disposition of unclaimed dead body; how expenses paid","url":"\/32.1-309.2\/","token":"32.1\/8.1\/32.1-309.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-309.1\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapter 228<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2015, chapters 658<\/a> and 670<\/a>.<\/p>","references":[{"id":67654,"section_number":"32.1-309.2","catch_line":"Disposition of unclaimed dead body; how expenses paid","order_by":null,"url":"\/32.1-309.2\/"},{"id":82654,"section_number":"32.1-309.5","catch_line":"Storage of a dead human body","order_by":null,"url":"\/32.1-309.5\/"},{"id":73758,"section_number":"54.1-2807","catch_line":"Other prohibited activities","order_by":null,"url":"\/54.1-2807\/"}],"refers_to":[{"id":84193,"section_number":"32.1-283","catch_line":"Investigation of deaths; obtaining consent to removal of organs, etc.; fees","order_by":null,"url":"\/32.1-283\/"},{"id":77911,"section_number":"32.1-285","catch_line":"Autopsies","order_by":null,"url":"\/32.1-285\/"},{"id":70536,"section_number":"32.1-285.1","catch_line":"Death of infants under eighteen months of age; autopsies required; definition of Sudden Infant Death Syndrome","order_by":null,"url":"\/32.1-285.1\/"},{"id":84076,"section_number":"54.1-2825","catch_line":"Person to make arrangements for funeral and disposition of remains","order_by":null,"url":"\/54.1-2825\/"},{"id":62832,"section_number":"54.1-2984","catch_line":"Suggested form of written advance directives","order_by":null,"url":"\/54.1-2984\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":54266,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","order_by":null,"url":"\/64.2-2019\/"}],"permalink":{"id":204679,"object_type":"law","relational_id":60700,"identifier":"32.1-309.1","token":"32.1\/8.1\/32.1-309.1","url":"\/32.1-309.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-309.1\/","token":"32.1\/8.1\/32.1-309.1","dublin_core":{"Title":"Identification of decedent, next of kin; disposition of claimed dead body","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-309.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Disposition<\/span>” means the burial, interment, entombment, cremation, or other authorized disposition<\/span> of a dead body permitted by law<\/span>.\n\t\t\t“Next of kin” has the same meaning assigned to it in § 54.1-2800<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the absence of a next of kin, a person<\/span> designated to make arrangements for disposition<\/span> of the decedent’s remains pursuant to § 54.1-2825<\/a>, an agent named in an advance directive pursuant to § 54.1-2984<\/a>, or any guardian appointed pursuant to Chapter 20 (§ 64.2-2000<\/a> et seq.) of Title 64.2 who may exercise the powers conferred in the order<\/span> of appointment or by § 64.2-2019<\/a>, or upon the failure or refusal of such next of kin, designated person<\/span>, agent, or guardian to accept responsibility for the disposition<\/span> of the decedent, then any other person<\/span> 18 years of age or older who is able to provide positive identification of the deceased and is willing to pay for the costs associated with the disposition<\/span> of the decedent’s remains shall be authorized to make arrangements for such disposition<\/span> of the decedent’s remains. If a funeral service establishment or funeral service licensee makes arrangements with a person<\/span> other than a next of kin, designated person<\/span>, agent, or guardian in accordance with this section, then the funeral service licensee or funeral service establishment shall be immune from civil liability unless such act, decision, or omission resulted from bad faith or malicious<\/span> intent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the death of any person<\/span>, irrespective of the cause and manner of death, and irrespective of whether a medical examiner’s investigation is required pursuant to § 32.1-283<\/a> or 32.1-285.1<\/a>, the person<\/span> or institution having initial custody<\/span> of the dead body shall make good faith efforts to determine the identity of the decedent, if unknown, and to identify and notify the next of kin of the decedent regarding the decedent’s death. If, upon notification of the death of the decedent, the next of kin of the decedent or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains is willing and able to claim the body, the body may be claimed by the next of kin or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains for disposition<\/span>, and the claimant shall bear the expenses of such disposition<\/span>. If the next of kin of the decedent or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains fails or refuses to claim the body within 10 days of receiving notice of the death of the decedent, the body shall be disposed of in accordance with § 32.1-309.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the person<\/span> or institution having initial custody<\/span> of the dead body is unable to determine the identity of the decedent or to identify and notify the next of kin of the decedent regarding the decedent’s death, the person<\/span> or institution shall contact the primary law<\/span>-enforcement agency for the locality in which the person<\/span> or institution is located, which shall make good faith efforts to determine the identity of the decedent and to identify and notify the next of kin of the decedent. However, in cases in which the identity of the decedent and the county or city in which the decedent resided at the time of death are known, the person<\/span> or institution having initial custody<\/span> of the dead body shall notify the primary law<\/span>-enforcement agency for the county or city in which the decedent resided regarding the decedent’s death, and the law<\/span>-enforcement agency for the county or city in which the decedent resided shall make good faith efforts to identify and notify the next of kin of the decedent.\n\t\t\tIf the identity of the decedent is known to the primary law<\/span>-enforcement agency or the primary law<\/span>-enforcement agency is able to identify the decedent, the primary law<\/span>-enforcement agency is able to identify and notify the next of kin of the decedent or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains, and the next of kin of the decedent or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains is willing and able to claim the body, the body may be claimed by the next of kin or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains for disposition<\/span>, and the claimant shall bear the expenses of such disposition<\/span>.\n\t\t\tIf the identity of the decedent is known or the primary law<\/span>-enforcement agency is able to determine the identity of the decedent but the primary law<\/span>-enforcement agency is unable, despite good faith efforts, to identify and notify the decedent’s next of kin or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains within 10 days of the date of contact by the person<\/span> or institution having initial custody<\/span> of the dead body, or the primary law<\/span>-enforcement agency is able to identify and notify the decedent’s next of kin or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains but the next of kin or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains fails or refuses to claim the body within 10 days, the primary law<\/span>-enforcement agency shall notify the person<\/span> or institution having initial custody<\/span> of the dead body, and the body shall be disposed of in accordance with § 32.1-309.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In cases in which a dead body is claimed by the decedent’s next of kin or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains but the next of kin or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains is unable to pay the reasonable costs of disposition<\/span> of the body and the costs are paid by the county or city in which the decedent resided or in which the death occurred in accordance with this section, and the decedent has an estate out of which disposition<\/span> expenses may be paid, in whole or in part, such assets<\/span> shall be seized for such purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No dead body that is the subject of an investigation pursuant to § 32.1-283<\/a> or autopsy pursuant to § 32.1-285<\/a> shall be transferred for purposes of disposition<\/span> until such investigation or autopsy has been completed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any sheriff or primary law<\/span>-enforcement officer, county, city, health care provider, funeral service establishment, funeral service licensee, or other person<\/span> or institution that acts in accordance with the requirements of this chapter shall be immune from civil liability for any act, decision, or omission resulting from acceptance and disposition<\/span> of the dead body in accordance with this section, unless such act, decision, or omission resulted from bad faith or malicious<\/span> intent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this section shall prevent a law<\/span>-enforcement agency other than the primary law<\/span>-enforcement agency from performing the duties established by this section if so requested by the primary law<\/span>-enforcement agency and agreed to by the other law<\/span>-enforcement agency. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIDENTIFICATION OF DECEDENT, NEXT OF KIN; DISPOSITION OF CLAIMED DEAD BODY (\u00a7\n32.1-309.1)\n\nA. As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Disposition” means the burial, interment, entombment, cremation,\nor other authorized disposition of a dead body permitted by law.\n\t\t\t“Next of kin” has the same meaning assigned to it in §\n54.1-2800.\n\nB. In the absence of a next of kin, a person designated to make arrangements for\ndisposition of the decedent’s remains pursuant to § 54.1-2825, an\nagent named in an advance directive pursuant to § 54.1-2984, or any\nguardian appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title\n64.2 who may exercise the powers conferred in the order of appointment or by\n§ 64.2-2019, or upon the failure or refusal of such next of kin, designated\nperson, agent, or guardian to accept responsibility for the disposition of the\ndecedent, then any other person 18 years of age or older who is able to provide\npositive identification of the deceased and is willing to pay for the costs\nassociated with the disposition of the decedent’s remains shall be\nauthorized to make arrangements for such disposition of the decedent’s\nremains. If a funeral service establishment or funeral service licensee makes\narrangements with a person other than a next of kin, designated person, agent,\nor guardian in accordance with this section, then the funeral service licensee\nor funeral service establishment shall be immune from civil liability unless\nsuch act, decision, or omission resulted from bad faith or malicious intent.\n\nC. Upon the death of any person, irrespective of the cause and manner of death,\nand irrespective of whether a medical examiner’s investigation is required\npursuant to § 32.1-283 or 32.1-285.1, the person or institution having\ninitial custody of the dead body shall make good faith efforts to determine the\nidentity of the decedent, if unknown, and to identify and notify the next of kin\nof the decedent regarding the decedent’s death. If, upon notification of\nthe death of the decedent, the next of kin of the decedent or other person\nauthorized by law to make arrangements for disposition of the decedent’s\nremains is willing and able to claim the body, the body may be claimed by the\nnext of kin or other person authorized by law to make arrangements for\ndisposition of the decedent’s remains for disposition, and the claimant\nshall bear the expenses of such disposition. If the next of kin of the decedent\nor other person authorized by law to make arrangements for disposition of the\ndecedent’s remains fails or refuses to claim the body within 10 days of\nreceiving notice of the death of the decedent, the body shall be disposed of in\naccordance with § 32.1-309.2.\n\nD. If the person or institution having initial custody of the dead body is\nunable to determine the identity of the decedent or to identify and notify the\nnext of kin of the decedent regarding the decedent’s death, the person or\ninstitution shall contact the primary law-enforcement agency for the locality in\nwhich the person or institution is located, which shall make good faith efforts\nto determine the identity of the decedent and to identify and notify the next of\nkin of the decedent. However, in cases in which the identity of the decedent and\nthe county or city in which the decedent resided at the time of death are known,\nthe person or institution having initial custody of the dead body shall notify\nthe primary law-enforcement agency for the county or city in which the decedent\nresided regarding the decedent’s death, and the law-enforcement agency for\nthe county or city in which the decedent resided shall make good faith efforts\nto identify and notify the next of kin of the decedent.\n\t\t\tIf the identity of the decedent is known to the primary law-enforcement\nagency or the primary law-enforcement agency is able to identify the decedent,\nthe primary law-enforcement agency is able to identify and notify the next of\nkin of the decedent or other person authorized by law to make arrangements for\ndisposition of the decedent’s remains, and the next of kin of the decedent\nor other person authorized by law to make arrangements for disposition of the\ndecedent’s remains is willing and able to claim the body, the body may be\nclaimed by the next of kin or other person authorized by law to make\narrangements for disposition of the decedent’s remains for disposition,\nand the claimant shall bear the expenses of such disposition.\n\t\t\tIf the identity of the decedent is known or the primary law-enforcement\nagency is able to determine the identity of the decedent but the primary\nlaw-enforcement agency is unable, despite good faith efforts, to identify and\nnotify the decedent’s next of kin or other person authorized by law to\nmake arrangements for disposition of the decedent’s remains within 10 days\nof the date of contact by the person or institution having initial custody of\nthe dead body, or the primary law-enforcement agency is able to identify and\nnotify the decedent’s next of kin or other person authorized by law to\nmake arrangements for disposition of the decedent’s remains but the next\nof kin or other person authorized by law to make arrangements for disposition of\nthe decedent’s remains fails or refuses to claim the body within 10 days,\nthe primary law-enforcement agency shall notify the person or institution having\ninitial custody of the dead body, and the body shall be disposed of in\naccordance with § 32.1-309.2.\n\nE. In cases in which a dead body is claimed by the decedent’s next of kin\nor other person authorized by law to make arrangements for disposition of the\ndecedent’s remains but the next of kin or other person authorized by law\nto make arrangements for disposition of the decedent’s remains is unable\nto pay the reasonable costs of disposition of the body and the costs are paid by\nthe county or city in which the decedent resided or in which the death occurred\nin accordance with this section, and the decedent has an estate out of which\ndisposition expenses may be paid, in whole or in part, such assets shall be\nseized for such purpose.\n\nF. No dead body that is the subject of an investigation pursuant to §\n32.1-283 or autopsy pursuant to § 32.1-285 shall be transferred for\npurposes of disposition until such investigation or autopsy has been completed.\n\nG. Any sheriff or primary law-enforcement officer, county, city, health care\nprovider, funeral service establishment, funeral service licensee, or other\nperson or institution that acts in accordance with the requirements of this\nchapter shall be immune from civil liability for any act, decision, or omission\nresulting from acceptance and disposition of the dead body in accordance with\nthis section, unless such act, decision, or omission resulted from bad faith or\nmalicious intent.\n\nH. Nothing in this section shall prevent a law-enforcement agency other than the\nprimary law-enforcement agency from performing the duties established by this\nsection if so requested by the primary law-enforcement agency and agreed to by\nthe other law-enforcement agency.\n\nHISTORY: 2014, c. 228; 2015, cc. 658, 670.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}