Which is the fifth priority in the order of controlling remains?

• A. Any of the decedent's surviving siblings over 18
• B. A court appointed guardian
• C. Any person over 18 who would be entitled to share in the estate with the closest person in relation having the highest priority
• D. A close friend or relative who is familiar with the decedent's wishes

Answer: (A)

In New York, who may control the disposition of a decedent’s remains is set by statute in a specific priority order. After the closest family members who have the strongest legal interest are considered, adult siblings come next in line. That placement makes siblings over 18 the fifth priority. The law prioritizes immediate kin first (spouse, children, parents, etc.), and only then do more distant relatives like siblings step in. Guardians or friends don’t have a guaranteed place in the top five unless no eligible relatives exist, and someone who would share in the estate isn’t automatically given control over disposition. So, the fifth priority being an adult sibling fits the statutory sequence.