You are hereWhat are the Minnesota laws regarding who can decide on cremation?

What are the Minnesota laws regarding who can decide on cremation?


According to  Minnesota cremation laws, the person who has the right to determine whether to cremate or not  is the person designated in the decedent's will or other written instrument, such as a health care directive. But, what if there is nothing written?

If there is nothing written, then the decision can be made, in priority order, by the decedent's:

  • spouse
  • adult son(s) or daughter(s)
  • decedent's parent(s)
  • decedent's sister(s) or brother(s)
  • decedent's grandmother(s)/grandfather(s)
  • decedent's nephews/nieces
  • decedent's guardian
  • adult who was concerned and showed special care towards the decedent
  • kinship  named by law to inherit the decedent's estate

If none of the above apply, then the appropriate court authority or public will decide.

For more, detailed information, please refer to the Minnesota Statute for Death and the right to control and duty of disposition.

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