APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS

New York State has established a priority for the control of the disposition of human remains. They are as follows:

1. the person designated in a written instrument
2. the decedent's surviving spouse
3. the decedent's surviving domestic partner
4. any of the decedent's surviving children 18 years of age or older
5. either of the decedent's surviving parents
6. any of the decedent's surviving siblings 18 years of age or older
7. a guardian appointed pursuant to the surrogate's court procedure act or the mental hygiene law
8. any person 18 years of age or older who would be entitled to share in the estate of the decedent with the closest relationship having priority in the follow order

• Grandchildren
• Great-grandchildren
• Nieces and Nephews
• Grand-nieces and Grand-nephews
• Grandparents
• Aunts and Uncles
• First Cousins
• Great-Grandchildren of Grandparents
• Second Cousin