{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2807.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2807.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2807.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2807.01.html"}],"law_id":57356,"edition_id":1,"section_id":57356,"structure_id":14000,"section_number":"54.1-2807.01","catch_line":"When next of kin disagree","history":"2010, c. 383; 2024, c. 200; 2025, c. 253.","full_text":"A\n\nIn the absence of a designation under § 54.1-2825, when there is a disagreement among a decedent’s next of kin concerning the arrangements for his funeral or the disposition of his remains, any of the next of kin may petition the circuit court where the decedent resided at the time of his death to determine which of the next of kin shall have the authority to make arrangements for the decedent’s funeral or the disposition of his remains. The court may require notice to and the convening of such of the next of kin as it deems proper.B\n\nIn determining the matter before it, the court shall consider the expressed wishes, if any, of the decedent, the legal and factual relationship between or among the disputing next of kin and between each of the disputing next of kin and the decedent, and any other factor the court considers relevant to determine who should be authorized to make the arrangements for the decedent’s funeral or the disposition of his remains.C\n\nWhen there is a disagreement among a decedent’s next of kin concerning the arrangements for his funeral or the disposition of his remains, at least one of the next of kin shall, within 48 hours of the funeral service establishment receiving the decedent’s remains, notify such funeral service establishment of the dispute, at which time the funeral service establishment shall immediately stop making arrangements for the decedent’s funeral or for the disposition of the decedent’s remains until such time as an agreement is reached by the disputing next of kin or a court of appropriate jurisdiction has ruled on any petition filed by such disputing next of kin. If, after 30 days of learning of a dispute, the funeral service establishment has not received written notice of agreement among the next of kin or a court order resolving the dispute, the funeral service establishment may proceed with the funeral and disposition arrangements upon authorization from any next of kin or in accordance with § 54.1-2807.02. The funeral service establishment shall not be liable for complying with the provisions of this subsection.D\n\nIf there is a dispute regarding the identity of any persons who have the right to make arrangements and otherwise be responsible for the decedent’s funeral and the disposition of such decedent’s remains, a funeral service establishment shall not be liable for refusing to dispose of the decedent’s remains or complete the arrangements for the final disposition of such remains until the funeral service establishment receives a court order or written agreement signed by the disputing next of kin that establishes the final disposition of the decedent’s remains. If the funeral service establishment retains the decedent’s remains for final disposition while any such dispute is pending, the funeral service establishment may embalm or refrigerate and shelter the decedent’s body for preservation purposes pursuant to § 54.1-2811.1 until the dispute is resolved. Any person or persons adjudged or agreed to have the right to make arrangements and otherwise be responsible for the decedent’s funeral and the disposition of the decedent’s remains shall be responsible for any costs incurred by the funeral service establishment pursuant to this subsection.","order_by":null,"text":{"0":{"id":210224,"text":"In the absence of a designation under § 54.1-2825, when there is a disagreement among a decedent’s next of kin concerning the arrangements for his funeral or the disposition of his remains, any of the next of kin may petition the circuit court where the decedent resided at the time of his death to determine which of the next of kin shall have the authority to make arrangements for the decedent’s funeral or the disposition of his remains. The court may require notice to and the convening of such of the next of kin as it deems proper.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210225,"text":"In determining the matter before it, the court shall consider the expressed wishes, if any, of the decedent, the legal and factual relationship between or among the disputing next of kin and between each of the disputing next of kin and the decedent, and any other factor the court considers relevant to determine who should be authorized to make the arrangements for the decedent’s funeral or the disposition of his remains.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":210226,"text":"When there is a disagreement among a decedent’s next of kin concerning the arrangements for his funeral or the disposition of his remains, at least one of the next of kin shall, within 48 hours of the funeral service establishment receiving the decedent’s remains, notify such funeral service establishment of the dispute, at which time the funeral service establishment shall immediately stop making arrangements for the decedent’s funeral or for the disposition of the decedent’s remains until such time as an agreement is reached by the disputing next of kin or a court of appropriate jurisdiction has ruled on any petition filed by such disputing next of kin. If, after 30 days of learning of a dispute, the funeral service establishment has not received written notice of agreement among the next of kin or a court order resolving the dispute, the funeral service establishment may proceed with the funeral and disposition arrangements upon authorization from any next of kin or in accordance with § 54.1-2807.02. The funeral service establishment shall not be liable for complying with the provisions of this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":210227,"text":"If there is a dispute regarding the identity of any persons who have the right to make arrangements and otherwise be responsible for the decedent’s funeral and the disposition of such decedent’s remains, a funeral service establishment shall not be liable for refusing to dispose of the decedent’s remains or complete the arrangements for the final disposition of such remains until the funeral service establishment receives a court order or written agreement signed by the disputing next of kin that establishes the final disposition of the decedent’s remains. If the funeral service establishment retains the decedent’s remains for final disposition while any such dispute is pending, the funeral service establishment may embalm or refrigerate and shelter the decedent’s body for preservation purposes pursuant to § 54.1-2811.1 until the dispute is resolved. Any person or persons adjudged or agreed to have the right to make arrangements and otherwise be responsible for the decedent’s funeral and the disposition of the decedent’s remains shall be responsible for any costs incurred by the funeral service establishment pursuant to this subsection.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14000,"edition_id":1,"name":"Board of Funeral Directors and Embalmers","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13923,"metadata":{},"date_created":"2026-06-26 03:46:34","date_modified":"2026-06-26 03:46:34","permalink":{"id":241755,"object_type":"structure","relational_id":14000,"identifier":"1","token":"54.1\/III\/28\/1","url":"\/54.1\/III\/28\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13923,"edition_id":1,"name":"Funeral Services","identifier":"28","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":241753,"object_type":"structure","relational_id":13923,"identifier":"28","token":"54.1\/III\/28","url":"\/54.1\/III\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76263,"structure_id":14000,"section_number":"54.1-2800","catch_line":"Definitions","url":"\/54.1-2800\/","token":"54.1\/III\/28\/1\/54.1-2800","metadata":false},{"id":56302,"structure_id":14000,"section_number":"54.1-2801","catch_line":"Exemptions","url":"\/54.1-2801\/","token":"54.1\/III\/28\/1\/54.1-2801","metadata":false},{"id":60746,"structure_id":14000,"section_number":"54.1-2802","catch_line":"Board; appointment; terms; vacancies; meetings; quorum","url":"\/54.1-2802\/","token":"54.1\/III\/28\/1\/54.1-2802","metadata":false},{"id":73998,"structure_id":14000,"section_number":"54.1-2803","catch_line":"Specific powers and duties of Board","url":"\/54.1-2803\/","token":"54.1\/III\/28\/1\/54.1-2803","metadata":false},{"id":64045,"structure_id":14000,"section_number":"54.1-2804","catch_line":"Licensing authority","url":"\/54.1-2804\/","token":"54.1\/III\/28\/1\/54.1-2804","metadata":false},{"id":84677,"structure_id":14000,"section_number":"54.1-2805","catch_line":"Engaging in the practice of funeral services or the business of preneed funeral planning or acting as a funeral director or embalmer without a license","url":"\/54.1-2805\/","token":"54.1\/III\/28\/1\/54.1-2805","metadata":false},{"id":65511,"structure_id":14000,"section_number":"54.1-2806","catch_line":"Refusal, suspension, or revocation of license, registration, or courtesy card","url":"\/54.1-2806\/","token":"54.1\/III\/28\/1\/54.1-2806","metadata":false},{"id":73758,"structure_id":14000,"section_number":"54.1-2807","catch_line":"Other prohibited activities","url":"\/54.1-2807\/","token":"54.1\/III\/28\/1\/54.1-2807","metadata":false},{"id":57356,"structure_id":14000,"section_number":"54.1-2807.01","catch_line":"When next of kin disagree","url":"\/54.1-2807.01\/","token":"54.1\/III\/28\/1\/54.1-2807.01","metadata":false},{"id":75008,"structure_id":14000,"section_number":"54.1-2807.02","catch_line":"Absence of next of kin","url":"\/54.1-2807.02\/","token":"54.1\/III\/28\/1\/54.1-2807.02","metadata":false},{"id":79482,"structure_id":14000,"section_number":"54.1-2807.03","catch_line":"Proof of next of kin status","url":"\/54.1-2807.03\/","token":"54.1\/III\/28\/1\/54.1-2807.03","metadata":false},{"id":72647,"structure_id":14000,"section_number":"54.1-2807.1","catch_line":"Confidentiality of information on infectious diseases","url":"\/54.1-2807.1\/","token":"54.1\/III\/28\/1\/54.1-2807.1","metadata":false},{"id":55082,"structure_id":14000,"section_number":"54.1-2808","catch_line":"Repealed","url":"\/54.1-2808\/","token":"54.1\/III\/28\/1\/54.1-2808","metadata":false},{"id":79091,"structure_id":14000,"section_number":"54.1-2808.1","catch_line":"Disposition of cremains","url":"\/54.1-2808.1\/","token":"54.1\/III\/28\/1\/54.1-2808.1","metadata":false},{"id":59456,"structure_id":14000,"section_number":"54.1-2808.2","catch_line":"Identification of unclaimed cremains of veterans and eligible dependents","url":"\/54.1-2808.2\/","token":"54.1\/III\/28\/1\/54.1-2808.2","metadata":false},{"id":74092,"structure_id":14000,"section_number":"54.1-2808.3","catch_line":"Acceptance of third-party-provided caskets","url":"\/54.1-2808.3\/","token":"54.1\/III\/28\/1\/54.1-2808.3","metadata":false},{"id":81802,"structure_id":14000,"section_number":"54.1-2809","catch_line":"Penalties","url":"\/54.1-2809\/","token":"54.1\/III\/28\/1\/54.1-2809","metadata":false}],"previous_section":{"id":73758,"structure_id":14000,"section_number":"54.1-2807","catch_line":"Other prohibited activities","url":"\/54.1-2807\/","token":"54.1\/III\/28\/1\/54.1-2807","metadata":false},"next_section":{"id":75008,"structure_id":14000,"section_number":"54.1-2807.02","catch_line":"Absence of next of kin","url":"\/54.1-2807.02\/","token":"54.1\/III\/28\/1\/54.1-2807.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2807.01\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapter 383<\/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 2 times. 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. Those modifications are as follows: in 2024, chapter 200<\/a>; in 2025, chapter 253<\/a>.<\/p>","references":[{"id":73758,"section_number":"54.1-2807","catch_line":"Other prohibited activities","order_by":null,"url":"\/54.1-2807\/"}],"refers_to":[{"id":75008,"section_number":"54.1-2807.02","catch_line":"Absence of next of kin","order_by":null,"url":"\/54.1-2807.02\/"},{"id":59378,"section_number":"54.1-2811.1","catch_line":"Handling and storage of human remains","order_by":null,"url":"\/54.1-2811.1\/"},{"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\/"}],"permalink":{"id":241789,"object_type":"law","relational_id":57356,"identifier":"54.1-2807.01","token":"54.1\/III\/28\/1\/54.1-2807.01","url":"\/54.1-2807.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2807.01\/","token":"54.1\/III\/28\/1\/54.1-2807.01","dublin_core":{"Title":"When next of kin disagree","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2807.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the absence of a designation under § 54.1-2825<\/a>, when there is a disagreement among a decedent’s next of kin<\/span> concerning the arrangements for his funeral or the disposition<\/span> of his remains, any of the next of kin<\/span> may petition<\/span> the circuit<\/span> court<\/span> where the decedent resided at the time of his death to determine which of the next of kin<\/span> shall have the authority to make arrangements for the decedent’s funeral or the disposition<\/span> of his remains. The court<\/span> may require notice to and the convening of such of the next of kin<\/span> as it deems proper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In determining the matter before it, the court<\/span> shall consider the expressed wishes, if any, of the decedent, the legal and factual relationship between or among the disputing next of kin<\/span> and between each of the disputing next of kin<\/span> and the decedent, and any other factor the court<\/span> considers relevant to determine who should be authorized to make the arrangements for the decedent’s funeral or the disposition<\/span> of his remains. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When there is a disagreement among a decedent’s next of kin<\/span> concerning the arrangements for his funeral or the disposition<\/span> of his remains, at least one of the next of kin<\/span> shall, within 48 hours of the funeral service establishment<\/span> receiving the decedent’s remains, notify such funeral service establishment<\/span> of the dispute, at which time the funeral service establishment<\/span> shall immediately stop making arrangements for the decedent’s funeral or for the disposition<\/span> of the decedent’s remains until such time as an agreement is reached by the disputing next of kin<\/span> or a court of appropriate jurisdiction<\/span> has ruled on any petition<\/span> filed by such disputing next of kin<\/span>. If, after 30 days of learning of a dispute, the funeral service establishment<\/span> has not received written notice of agreement among the next of kin<\/span> or a court order<\/span> resolving the dispute, the funeral service establishment<\/span> may proceed with the funeral and disposition<\/span> arrangements upon authorization from any next of kin<\/span> or in accordance with § 54.1-2807.02<\/a>. The funeral service establishment<\/span> shall not be liable for complying with the provisions of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If there is a dispute regarding the identity of any persons who have the right to make arrangements and otherwise be responsible for the decedent’s funeral and the disposition<\/span> of such decedent’s remains, a funeral service establishment<\/span> shall not be liable for refusing to dispose of the decedent’s remains or complete the arrangements for the final disposition<\/span> of such remains until the funeral service establishment<\/span> receives a court order<\/span> or written agreement signed by the disputing next of kin<\/span> that establishes the final disposition<\/span> of the decedent’s remains. If the funeral service establishment<\/span> retains the decedent’s remains for final disposition<\/span> while any such dispute is pending, the funeral service establishment<\/span> may embalm or refrigerate and shelter the decedent’s body for preservation purposes pursuant to § 54.1-2811.1<\/a> until the dispute is resolved. Any person or persons adjudged or agreed to have the right to make arrangements and otherwise be responsible for the decedent’s funeral and the disposition<\/span> of the decedent’s remains shall be responsible for any costs incurred by the funeral service establishment<\/span> pursuant to this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN NEXT OF KIN DISAGREE (\u00a7 54.1-2807.01)\n\nA. In the absence of a designation under § 54.1-2825, when there is a\ndisagreement among a decedent’s next of kin concerning the arrangements\nfor his funeral or the disposition of his remains, any of the next of kin may\npetition the circuit court where the decedent resided at the time of his death\nto determine which of the next of kin shall have the authority to make\narrangements for the decedent’s funeral or the disposition of his remains.\nThe court may require notice to and the convening of such of the next of kin as\nit deems proper.\n\nB. In determining the matter before it, the court shall consider the expressed\nwishes, if any, of the decedent, the legal and factual relationship between or\namong the disputing next of kin and between each of the disputing next of kin\nand the decedent, and any other factor the court considers relevant to determine\nwho should be authorized to make the arrangements for the decedent’s\nfuneral or the disposition of his remains.\n\nC. When there is a disagreement among a decedent’s next of kin concerning\nthe arrangements for his funeral or the disposition of his remains, at least one\nof the next of kin shall, within 48 hours of the funeral service establishment\nreceiving the decedent’s remains, notify such funeral service\nestablishment of the dispute, at which time the funeral service establishment\nshall immediately stop making arrangements for the decedent’s funeral or\nfor the disposition of the decedent’s remains until such time as an\nagreement is reached by the disputing next of kin or a court of appropriate\njurisdiction has ruled on any petition filed by such disputing next of kin. If,\nafter 30 days of learning of a dispute, the funeral service establishment has\nnot received written notice of agreement among the next of kin or a court order\nresolving the dispute, the funeral service establishment may proceed with the\nfuneral and disposition arrangements upon authorization from any next of kin or\nin accordance with § 54.1-2807.02. The funeral service establishment shall\nnot be liable for complying with the provisions of this subsection.\n\nD. If there is a dispute regarding the identity of any persons who have the\nright to make arrangements and otherwise be responsible for the decedent’s\nfuneral and the disposition of such decedent’s remains, a funeral service\nestablishment shall not be liable for refusing to dispose of the\ndecedent’s remains or complete the arrangements for the final disposition\nof such remains until the funeral service establishment receives a court order\nor written agreement signed by the disputing next of kin that establishes the\nfinal disposition of the decedent’s remains. If the funeral service\nestablishment retains the decedent’s remains for final disposition while\nany such dispute is pending, the funeral service establishment may embalm or\nrefrigerate and shelter the decedent’s body for preservation purposes\npursuant to § 54.1-2811.1 until the dispute is resolved. Any person or\npersons adjudged or agreed to have the right to make arrangements and otherwise\nbe responsible for the decedent’s funeral and the disposition of the\ndecedent’s remains shall be responsible for any costs incurred by the\nfuneral service establishment pursuant to this subsection.\n\nHISTORY: 2010, c. 383; 2024, c. 200; 2025, c. 253.","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}}