Georgia Receipt for Cremated Remains by Spouse or Next of Kin

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Multi-State
Control #:
US-02556BG
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Description

Cremation may serve as a funeral or post funeral rite that is an alternative to the interment of an intact body in a casket. Cremation is the process of reducing dead human bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through high temperatures and vaporization. Cremated remains, which are not a health risk, may be buried or immured in memorial sites or cemeteries, or they may be legally retained by relatives or dispersed in a variety of ways and locations.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Generally, the next of kin in Georgia are: Surviving spouse. Children and descendants. Parents.

Children in Georgia Inheritance LawIn scenarios where there is a surviving spouse, the children are given up to two-thirds of the decedent's estate, even if the surviving spouse is also their parent, according to Georgia inheritance laws.

The simple answer is that no one owns your body when you die. It is an old legal principle that there is no property in a dead body. There are certain people who have a statutory duty to deal with your body on your death, in particular the hospital where you die.

What does 'Next of Kin' mean? The next of kin is a person who can make legal decisions (like choosing between burial and cremation) after someone passes away. In the US, a surviving spouse would be the first in line, followed by any children.

Although the right to a decent burial has long been recognized at common law, no universal rule exists as to whom the right of burial is granted. The right to possession of a dead human body for the purpose of burial is, under ordinary circumstances, in the spouse or other relatives of the deceased.

Who is responsible for making the funeral arrangements in Georgia? The immediate next-of-kin usually assumes responsibility for making, or carrying out, funeral arrangements in Georgia. There is a legal stature of responsibility that falls to the spouse first, then children over 18 years, parents and then siblings.

So technically your body becomes property of the state when you die. They will generally grant your next of kin's wishes for burial, but legally they don't have to. If no one claims your body and you don't have a will, your body will most likely be disposed of by the state as they please.

In Georgia, if you die without a will, any assets leftover after your debts are paid off will go to your living relatives. If you have no living relatives, then any assets will go to the state. The law sets out which relatives will inherit your estate. If you have a spouse and/or kids, your whole estate goes to them.

However, generally speaking, a next of kin is usually understood to be a person's closest relative. The order usually goes: A husband, wife or civil partner. Unmarried partners are sometimes included here, but not always.

If there is no surviving spouse, civil partner or children over the age of 18, the deceased person's parents will then usually be their next to kin.

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Georgia Receipt for Cremated Remains by Spouse or Next of Kin