305 - Right to dispose of a decedent's remains.

     § 305.  Right to dispose of a decedent's remains.        (a)  General rule.--The determination of the final     disposition of a decedent's remains shall be as set forth in     this section unless otherwise specifically provided by waiver     and agreement of the person entitled to make such determination     under this section, subject to the provisions of a valid will     executed by the decedent and section 8611(a) (relating to     persons who may execute anatomical gift).        (b)  Disposition of the remains of a deceased spouse.--Absent     an allegation of enduring estrangement, incompetence, contrary     intent or waiver and agreement which is proven by clear and     convincing evidence, a surviving spouse shall have the sole     authority in all matters pertaining to the disposition of the     remains of the decedent.        (c)  Disposition of the remains of others.--If there is not a     surviving spouse, absent an allegation of enduring estrangement,     incompetence, contrary intent or waiver and agreement which is     proven by clear and convincing evidence, the next of kin shall     have sole authority in all matters pertaining to the disposition     of the remains of the decedent.        (d)  Procedure.--Where a petition alleging enduring     estrangement, incompetence, contrary intent or waiver and     agreement is made within 48 hours of the death or discovery of     the body of the decedent, whichever is later, a court may order     that no final disposition of the decedent's remains take place     until a final determination is made on the petition. Notice to     each person with equal or higher precedence than the petitioner     to the right to dispose of the decedent's remains and to his     attorney if known and to the funeral home or other institution     where the body is being held must be provided concurrently with     the filing of the petition. A suitable bond may be required by     the court.            (1)  If the court determines that clear and convincing        evidence establishes enduring estrangement, incompetence,        contrary intent or waiver and agreement, the court shall        enter an appropriate order regarding the final disposition        which may include appointing an attorney in fact to arrange        the final disposition, with reasonable costs chargeable to        the estate.            (2)  If two or more persons with equal standing as next        of kin disagree on disposition of the decedent's remains, the        authority to dispose shall be determined by the court, with        preference given to the person who had the closest        relationship with the deceased.            (3)  If the court determines that the petition is not        supported by a clear and convincing evidence, the court may        award attorney fees. An award of attorney fees shall        constitute a setoff against any claim by the petitioner        against the estate.        (e)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Contrary intent."  An explicit and sincere expression,     either verbal or written, of a decedent adult or emancipated     minor prior to death and not subsequently revoked that a person     other than the one authorized by this section determine the     final disposition of his remains.        "Enduring estrangement."  A physical and emotional separation     from the deceased at the time of death of the person authorized     by this section to determine the final disposition of the     decedent's remains, which has existed for a period of time that     clearly demonstrates an absence of due affection, trust and     regard for the deceased.        "Next of kin."  The spouse and relatives by blood of the     deceased in order that they be authorized to succeed to the     deceased's estate under Chapter 21 (relating to intestate     succession) as long as the person is an adult or an emancipated     minor.     (Nov. 17, 1998, P.L.786, No.99, eff. 60 days)        1998 Amendment.  Act 99 added section 305.