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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 21, § 21-1158: Right to control disposition of the remains of a deceased

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Where this section sits in the code
  1. OK Code
  2. Title 21

person.

The right to control the disposition of the remains of a

deceased person, the location, manner and conditions of disposition,

and arrangements for funeral goods and services vests in the

following order, provided the person is eighteen (18) years of age

or older and of sound mind:

1. The decedent, provided the decedent has entered into a pre-

need funeral services contract or executed a written document that

meets the requirements of the State of Oklahoma;

2. A representative appointed by the decedent by means of an

executed and witnessed written document meeting the requirements of

the State of Oklahoma;

3. The surviving spouse;

4. The sole surviving adult child of the decedent whose

whereabouts is reasonably ascertained or if there is more than one

adult child of the decedent, the majority of the surviving adult

children whose whereabouts are reasonably ascertained;

5. The surviving parent or parents of the decedent, whose

whereabouts are reasonably ascertained;

6. The surviving adult brother or sister of the decedent whose

whereabouts is reasonably ascertained, or if there is more than one

adult sibling of the decedent, the majority of the adult surviving

siblings, whose whereabouts are reasonably ascertained;

7. The guardian of the person of the decedent at the time of

the death of the decedent, if one had been appointed;

8. The person in the classes of the next degree of kinship, in

descending order, under the laws of descent and distribution to

inherit the estate of the decedent. If there is more than one

person of the same degree, any person of that degree may exercise

the right of disposition;

9. If the decedent was an indigent person or other person the

final disposition of whose body is the financial responsibility of

the state or a political subdivision of the state, the public

officer or employee responsible for arranging the final disposition

of the remains of the decedent; and

10. In the absence of any person under paragraphs 1 through 9

of this section, any other person willing to assume the

responsibilities to act and arrange the final disposition of the

remains of the decedent, including the personal representative of

the estate of the decedent or the funeral director with custody of

the body, after attesting in writing that a good-faith effort has

been made to no avail to contact the individuals under paragraphs 1

through 9 of this section.

R.L. 1910, § 2453. Amended by Laws 1997, c. 197, § 2, eff. Nov. 1,

1997; Laws 2011, c. 208, § 1, eff. Nov. 1, 2011.

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