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ESTATE PLANNING

Atty. John J. Urban

Lessons in

the Law

So You Want To Be Cremated

or those of you who want to be cremated, you 3. The sole surviving child or all surviving children col-
must know what the law is in your state. Every lectively
state has its own laws on how you qualify to be 4. The surviving parent or parents
cremated. In most states if your spouse agrees 5. The surviving siblings
F that you should be cremated, there is usually
no problem. 6. Other relative in a specified order
When there is no spouse, it now gets complicated and 7. A personal guardian at the time of death
the laws vary from state to state. I will be limiting this discus- 8. Any person willing to assume the right of disposition
sion to the States of Pennsylvania and Ohio. Space does if no one else on the list can be located.
not allow me to write a treatise on each state. The bottom Again, if there is disagreement among the children, the
line is to check out your state laws while you are alive and Court will intervene and make a decision. Ohio law does
know what is required if you want to be cremated. not automatically grant decisions – making power to a sin-
In Pennsylvania, the authority to authorize a cremation gle individual unless a majority consensus is reached or
is determined by the decedent’s next of kin. The following one person is explicitly designated by the others. In the
individuals have the authority to authorize cremation in or- event of an impasse the Probate Court may intervene,
der of priority. considering factors like the deceased’s known wishes and
1. Surviving spouse the relationships of the parties involved.
2. Adult children if no surviving spouse Cremated remains may be placed in a cemetery or an
3. Parents if no spouse or children urn burial plot. Ohio law does not require burial but scat-
tering ashes is permitted in compliance with property
4. Siblings if no spouse, children or parents rights and environmental regulation.
What if there is a dispute and disagreement, the Penn- How do you avoid the problem and make sure you are
sylvania law states: cremated if that is your wish?
• If two people with equal standing as next of kin cannot In Pennsylvania, to avoid potential disputes, individuals
agree, the Court will intervene and will give preference can execute a “Statement of Contrary Intent” which desig-
to the person who had the closest relationship with the nates someone other than the next of kin to make decisions
decedent. about their cremation. The legally binding documents en-
• If there are more than two individuals with equal stand- sures that the decedent’s wishes about their cremation. This
ing who disagree, the majority decision will control. If legally binding document ensures your wish to be cremated.
a majority cannot be reached, the Probate Court will In Ohio, you can create a document called “Appoint-
make the final decision regarding the disposition. ment of Representation for Disposition of Bodily Remains,
Pennsylvania does not have a state law that restricts Funeral Arrangements and Burial or Cremation Goods
where cremated remains can be scattered. However, this and Services” which will ensure your wishes.
does not mean you can scatter them anywhere. The final way to ensure your wishes is to work with a
In Ohio, there is a clear hierarchy for those who have the reputable funeral director and prepay and pre-plan your
right to authorize a cremation as follows: funeral. The appropriate documents will be signed and
1. A legal representative appointed by the deceased your plan will be fulfilled.
Questions, comments or ideas about future articles con-
through a written document tact me at jurban.gcu@gcuusa.com.
2. The surviving spouse

4 GCU MAGAZINE OCTOBER 2025