                                 CODE OF VIRGINIA

WHEN NEXT OF KIN DISAGREE (§ 54.1-2807.01)

A. In the absence of a designation under &#xA7; 54.1-2825, when there is a
disagreement among a decedent&#8217;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&#8217;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. 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&#8217;s
funeral or the disposition of his remains.

C. When there is a disagreement among a decedent&#8217;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&#8217;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&#8217;s funeral or
for the disposition of the decedent&#8217;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 &#xA7; 54.1-2807.02. The funeral service establishment shall
not be liable for complying with the provisions of this subsection.

D. 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&#8217;s
funeral and the disposition of such decedent&#8217;s remains, a funeral service
establishment shall not be liable for refusing to dispose of the
decedent&#8217;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&#8217;s remains. If the funeral service
establishment retains the decedent&#8217;s remains for final disposition while
any such dispute is pending, the funeral service establishment may embalm or
refrigerate and shelter the decedent&#8217;s body for preservation purposes
pursuant to &#xA7; 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&#8217;s funeral and the disposition of the
decedent&#8217;s remains shall be responsible for any costs incurred by the
funeral service establishment pursuant to this subsection.

HISTORY: 2010, c. 383; 2024, c. 200; 2025, c. 253.