Kansas Funeral Director Practice Exam

As a general rule, who holds the right of decedent disposal?

1. Children

2. Surviving spouse

3. Executor

4. Next of kin

The correct answer is: Surviving spouse

The surviving spouse typically holds the right of decedent disposal, which refers to the authority to make decisions regarding the handling and disposition of a deceased individual's remains. This right is grounded in the legal recognition of the spouse's close familial relationship, which often includes the highest priority when making arrangements for burial, cremation, and other final wishes. The surviving spouse is usually considered the most directly affected party by the decedent's death, giving them the emotional and legal standing to decide on the funeral arrangements. Additionally, laws in many jurisdictions prioritize a spouse's rights over those of other family members, such as children or siblings, particularly when the deceased had not left a clear directive or will outlining their wishes. While other parties, such as children or next of kin, may have rights regarding the decedent's disposal, they are typically secondary to the authority of the surviving spouse unless specific legal circumstances dictate otherwise. This hierarchy reflects the importance of the marital relationship in matters of familial responsibility and decision-making during such sensitive times.