Who is responsible for the proper disposition of remains in the event of a death?

The responsibility for the proper disposition of remains following a death primarily lies with the next of kin or the legal representative of the deceased. This is rooted in legal and ethical traditions that designate family members or legally appointed individuals as having authority over decisions concerning the deceased's remains. They are typically the ones who will decide on burial, cremation, or other forms of disposition according to the deceased's wishes or family traditions.

In many jurisdictions, this authority is reinforced by the law, meaning that unless the deceased had made prior arrangements or designated someone else through legal documentation, it is the next of kin who steps into the role of making these important decisions. They are often guided by the deceased’s wishes, if known, and their decisions must also comply with local statutes regarding disposal methods.

While entities such as the funeral home, attending physician, or local health department play critical roles in the process surrounding death—such as handling logistics, certifying death, or ensuring public health concerns are addressed—it is ultimately the next of kin or legal representatives who hold the primary responsibility regarding the remains.