Who Makes Funeral and Final Disposition Arrangements in Georgia?

Losing a loved one begins a difficult time, filled with a wealth of emotions as we start our journey through grief. It’s a time when we often seek the comfort of those we love, family and friends who can reminisce about the ones they miss and the memories that they will hold onto forever. Unfortunately, it can also be a time for division when questions arise regarding who will make the funeral and final disposition arrangements.


According to Georgia law, who is in charge of making these arrangements?

According to the  Georgia Funeral Directors Association, the next-of-kin can make decisions regarding their loved one’s funeral and final disposition. The next-of-kin varies by state, but according to Georgia law, the next-of-kin order is:

  • Spouse (recognized by the state in which you were married)
  • Children
  • Parents
  • Siblings
  • Grandparents
  • Appointed guardian
  • Personal representative of the estate
  • Relative otherwise not specified above


To be the next-of-kin, the designated person must be over the age of 18 and be of sound mind. In the case of a spouse, they must have been currently wed at the time of death. In some cases, the next-of-kin might be multiple people. For instance, if the decedent has no surviving spouse but multiple children over the age of 18, Georgia law dictates that decisions will be made by majority rule.


If no next-of-kin exists or can be found, any other person willing to assume the responsibilities of the funeral and final disposition may take over this role provided that a good faith effort has been made to contact the above list of next-of-kin. A funeral home is not required to investigate the existence of any additional next-of-kin or relative of the decedent if a next-of-kin has already come forward. The funeral home and its employees will not be liable if they carry out the instructions of the person they believe to be the next-of-kin.


Someone may not be allowed to assume funeral or final disposition responsibilities, regardless of their next-of-kin status, if:

  • The person is charged with murder or voluntary manslaughter of the decedent and has not been acquitted
  • The person does not exercise their right of disposition within two days of notification of the death of the decedent or three days of the decedent’s death, whichever is earlier
  • The person and the decedent are spouses and there was already a petition to dissolve the marriage at the time of death
  • A Probate Court rules that the person and the decedent were “estranged” at the time of death


If the next-of-kin refuses to act or if there is a conflict that cannot be resolved by majority rule, the next-of-kin or funeral director may petition the Probate Court to make a ruling. In the event of a dispute over who has the right of disposition, a funeral home shall not be liable for refusing to accept, inter, or dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral home receives a court order or other written statement signed by the parties of the disagreement that states the decided-upon final disposition of the remains.


Should a funeral home already have a decedent in their care at the time of the disagreement, the funeral home may embalm, refrigerate, or otherwise preserve the decedent’s remains while awaiting the final decision of the Probate Court, which may result in additional charges.

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