Who has the highest priority to control the remains of a decedent?

• A. Decedent's living spouse
• B. Any surviving child 18+
• C. The next of kin
• D. Person designated in a written statement

Answer: (D)

The key idea here is that the person who controls the disposition of a decedent’s remains is determined by a formal designation the decedent can make in writing. When there is a valid written statement that names someone to handle arrangements, that designation has the highest priority, taking precedence over family relationships like a spouse or other relatives. This priority exists to honor the decedent’s explicit choice and provide a clear, lawful path for who makes the funeral and disposition decisions.

If such a written designation exists and is valid, the named individual can direct the disposition of the remains, regardless of whether a surviving spouse or other relatives are available. If there is no valid written designation, then the law typically assigns authority in a hierarchical order from the closest family members (often starting with the spouse, then next of kin, and so on).