Affidavit Regarding Consent to Cremation of Remains

State:
Multi-State
Control #:
US-02079BG
Format:
Word; 
Rich Text
Instant download

Description

Cremation is a form of disposition in which a body is introduced to intense heat and flame in a cremation chamber. Cremation removes all traces of embalming fluid and kills all pathogens. Once the actual cremation process has been completed, all remaining items, such as metal from clothing or jewelry, or items from prior surgeries are separated and the remaining fragments are processed into a consistent size.


Every state has its own laws concerning cremation. 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.

Definition and meaning

An Affidavit Regarding Consent to Cremation of Remains is a legal document that confirms an individual's decision to authorize the cremation of a deceased person's remains. This affidavit serves as a formal declaration of consent from the person who has the legal authority to make decisions regarding the decedent's remains. It outlines the relationship of the affiant to the deceased and their knowledge of any previously expressed wishes regarding cremation.

How to complete the form

Completing the Affidavit Regarding Consent to Cremation of Remains requires careful attention to detail. Follow these steps to ensure the form is filled out correctly:

  1. Start by filling in the state and county where the affidavit is being executed.
  2. Provide your full name and relationship to the deceased.
  3. Specify the name of the deceased and the location and date of death.
  4. Indicate whether the deceased expressed a desire for their remains to be cremated.
  5. Authorize a licensed funeral director to proceed with the cremation on behalf of the deceased.
  6. Sign and date the affidavit in front of a Notary Public.

Who should use this form

This form is intended for individuals who have the legal right to make decisions about the disposal of a deceased person's remains. Typically, this includes family members, such as:

  • Spouses
  • Adult children
  • Parents
  • Siblings
  • Anyone designated by the deceased in a legal document

It is essential for the individual completing the affidavit to have clear authority to consent to cremation.

Legal use and context

The Affidavit Regarding Consent to Cremation of Remains is often required by funeral homes and crematories as proof of the affiant's authority to make arrangements for cremation. Many jurisdictions require this form to prevent disputes regarding the decedent's wishes and to ensure that cremation is carried out in accordance with local laws. It is advisable to check state-specific regulations, as requirements may vary.

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FAQ

In one reported case, seven months passed, during which time the deceased's body remained in the custody of the coroner. The statutory rules and orders that regulate cremation determine that ashes can only be handed over to the person who delivered the body for cremation (usually the executor).

There are no state laws in West Virginia prohibiting home burial, but local governments may have rules governing private burials. Before burying a body on private property or establishing a family cemetery, you should check with the county or town clerk for any zoning laws you must follow.

Laws governing cremation in West Virginia A body can only be cremated if the legal next of kin has signed a 'Cremation Authorization Form'. This form can be signed and self-authorized if you are preplanning a cremation.

Before a cremation takes place, law-abiding funeral homes require positive identification of a deceased body. This means you or a trusted family member or friend must give the funeral home consent that the body shown is, in fact, your loved one.

Despite this preference, cremation is now permitted as long as it is not done to express a refusal to believe in the resurrection of the body. Until 1997, Church regulations used to stipulate that cremation has to take place after a funeral service.

It is possible to conduct a basic cremation (a cremation without any services) for just $1,125. However, you will find that the average cost of a direct cremation in West Virginia is nearer to $2,400. A direct cremation is the cheapest means to conduct a funeral disposition.

Your spouse or registered domestic partner. your adult child, or a majority of your children if you have more than one. your parents. your siblings.

If the parents are deceased, then the remaining living siblings must sign the cremation order. If the decedent is predeceased by the parents and all siblings, then uncles, aunts, cousins (in order) would be responsible for the signature of cremation.

(7) any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent. (B) a person in a different priority class, in the priority listed in Subsection (a).

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Affidavit Regarding Consent to Cremation of Remains