Next-of-Kin Defined

For purposes of this Chapter and in all cases relating to the custody, control, and disposition of deceased human remains, where not otherwise defined, the term next-of-kin means the following persons in the priority listed if such person is eighteen

(18)years of age or older, is mentally competent, and is willing to assume responsibility for the costs of disposition:

(a)The surviving spouse;

(b)A surviving child of the deceased. If a surviving child is less than eighteen

(18)years of age and has a legal or natural guardian, such child shall not be disqualified on the basis of the child’s age and such child’s legal or natural guardian, if any, shall be entitled to serve in the place of the child unless such child’s legal or natural guardian was subject to an action in dissolution from the deceased. In such event the person or persons who may serve as next-of-kin shall serve in the order provided in Subsections

(c)to

(g)of this Section;

(c)A surviving parent of the deceased; or if the deceased is a minor, a surviving parent who has custody of the minor; or if the deceased is a minor and the deceased’s parents have joint custody, the parent whose residence is the minor child’s residence for purposes of mailing and education;

(d)A surviving sibling of the deceased;

(e)Any person designated by the deceased to act as next-of-kin pursuant to a valid designation of right of sepulcher as provided in § 4A102(g) of this Chapter;

(f)The next nearest surviving relative of the deceased by consanguinity or affinity;

(g)Any person or friend who assumes financial responsibility for the disposition of the deceased’s remains if no next-of-kin assumes such responsibility.