Controlling Disposition of Remains

New Jersey’s laws establish a specific hierarchy for selecting a person in charge of your end-of-life arrangements if you pass or are incapacitated. Ideally, you and your loved ones could plan everything before your eventual passing. Unfortunately, families often have disagreements about these issues.

In most cases, the state’s Title 45 gives final authority to the surviving spouse or other close family members, regardless of whether they were the executor of the deceased’s will. However, the state also gives you the right to select a representative for funeral arrangements as long as you complete the appropriate paperwork. This representative will have complete authority, even overriding your closest surviving family member. 

Determining who will be responsible for your funeral arrangements is crucial if you foresee your loved ones disputing funeral plans. Planning is also essential when you don’t have immediate family members to manage everything after you pass away. For example, if you choose to be cremated, your spouse or all surviving close relatives must sign and notarize a cremation authorization form to move forward. The process can take much longer when your loved ones cannot agree on a decision.   

However, you can avoid these potential issues by selecting a legal representative in advance. Fill out your form, send it back to us, and we will handle the rest. As long as your representative knows about your funeral plans, you will have peace of mind that your wishes will be respected. You will also have the choice to name another successor if something happens to your original representative.

Download New Jersey State Form  

Shopping Basket