Who Can Authorize a Cremation in Texas?
Texas law sets a priority order for who may control the disposition of remains, including cremation (Health & Safety Code §711.002). It begins with a person the decedent named in a signed written instrument, then the surviving spouse, then any one of the adult children, then a parent, then an adult sibling, then the estate's executor, and then the next of kin. We help you confirm who holds that authority and complete the authorization correctly.
The statutory priority order
Under §711.002(a), the right to control disposition passes, in order, to: (1) the person the decedent named in a signed written instrument; (2) the surviving spouse; (3) any one of the surviving adult children; (4) either surviving parent; (5) any one of the surviving adult siblings; (6) the estate's qualified executor or administrator; and (7) the next adult in line to inherit under Texas law.
A person on the list has the right to authorize only if no one ahead of them is available to act.
Naming someone in advance
The very first priority is someone the decedent chose in writing. Texas provides a statutory form to appoint an agent to control your disposition — part of why pre-need planning is such a gift: it removes any question about who decides.
If you'd like to put your own wishes in writing, we can point you to the right form and walk your family through it.
If the highest-priority person can't act
If the person with the right to control fails to make arrangements within the period set by statute — generally the earlier of the 6th day after they're notified of the death or the 10th day after the death — they are presumed unable or unwilling, and the right passes to the next person in priority.
These situations can feel tangled. Call us and we'll help you sort out, calmly, who needs to sign.
Sources
- Texas Health & Safety Code §711.002 (Disposition of Remains) · primary source
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