54.1-2807.01 - When next of kin disagree.

§ 54.1-2807.01. When next of kin disagree.

A. In the absence of a designation under § 54.1-2825, when there is adisagreement among a decedent's next of kin concerning the arrangements forhis funeral or the disposition of his remains, any of the next of kin maypetition the circuit court where the decedent resided at the time of hisdeath to determine which of the next of kin shall have the authority to makearrangements for the decedent's funeral or the disposition of his remains.The court may require notice to and the convening of such of the next of kinas it deems proper.

B. In determining the matter before it, the court shall consider theexpressed wishes, if any, of the decedent, the legal and factual relationshipbetween or among the disputing next of kin and between each of the disputingnext of kin and the decedent, and any other factor the court considersrelevant to determine who should be authorized to make the arrangements forthe decedent's funeral or the disposition of his remains.

(2010, c. 383.)