Texas law establishes who has the legal right to make decisions regarding final disposition, including cremation. Generally, authority follows this order:
A person designated in writing by the deceased
Surviving spouse
Surviving adult children
Surviving parents
Surviving adult siblings
The executor or administrator of the estate
The next adult relative under Texas law
Disputes Regarding Cremation Authority
If two or more individuals with equal legal authority disagree regarding cremation or final disposition, Kramer Affordable Cremation requires that the dispute be fully resolved before arrangements are made.
By completing and authorizing cremation arrangements, the person or persons making arrangements represent that any disagreement among individuals with equal or superior legal authority has been resolved and that there is no known objection to the cremation. Kramer Affordable Cremation proceeds in reliance on those representations.
The person with the highest applicable priority generally has the legal authority to make the cremation arrangements.
This guide is provided as a courtesy. Please check the Texas Health and Safety Code below for confirmation. This does not constitute legal advice.
Source: Texas Health & Safety Code § 711.002