{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1158a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1158a","heading":"Court authority to award the right of disposition of","body":"body of decedent.\n\nThe district court for the county where the decedent resided may\n\naward the right of disposition to the person determined by the court\n\nto be the most fit and appropriate to carry out the right of\n\ndisposition, and may make decisions regarding the remains of the\n\ndecedent if those sharing the right of disposition cannot agree.\n\nThe following provisions shall apply to the determination of the\n\ncourt under this section:\n\n1. If the persons holding the right of disposition are two or\n\nmore persons with the same relationship to the decedent and cannot,\n\nby majority vote, make a decision regarding the disposition of the\n\nremains of the decedent, any of the persons or a funeral director\n\nwith custody of the remains may file a petition asking the district\n\ncourt to make a determination in the matter;\n\n2. In making a determination under this section, the district\n\ncourt shall consider the following:\n\na. the reasonableness and practicality of the proposed\n\nfuneral arrangements and disposition,\n\nb. the degree of the personal relationship between the\n\ndecedent and each person claiming the right of\n\ndisposition,\n\nc. the desires of the person or persons who are ready,\n\nwilling and able to pay the cost of the funeral\n\narrangements and disposition,\n\nd. the convenience and needs of other families and\n\nfriends wishing to pay respects,\n\ne. the desires of the decedent, and\n\nf. the degree to which the funeral arrangements would\n\nallow maximum participation by all wishing to pay\n\nrespect;\n\n3. In the event of a dispute regarding the right of\n\ndisposition, a funeral director shall not be liable for refusing to\n\naccept the remains or to inter or otherwise dispose of the remains\n\nof the decedent or complete the arrangements for the final\n\ndisposition of the remains until the funeral director receives a\n\ncourt order or other written agreement signed by the parties in the\n\ndisagreement that decides the final disposition of the remains. If\n\nthe funeral director retains the remains for final disposition while\n\nthe parties are in disagreement, the funeral director may embalm,\n\nrefrigerate, or shelter the body in order to preserve it while\n\nawaiting the final decision of the district court and may add the\n\ncost of embalming, refrigeration or sheltering to the final\n\ndisposition costs. If a funeral director brings an action under\n\nthis section, the funeral director may add the legal fees and court\n\ncosts associated with a petition under this section to the cost of\n\nfinal disposition. This section shall not be construed to require\n\nor to impose a duty on a funeral director to bring an action under\n\nthis section. A funeral director shall not be held criminally or\n\ncivilly liable for choosing not to bring an action under this\n\nsection; and\n\n4. Except to the degree it may be considered by the district\n\ncourt under subparagraph c of paragraph 2 of this section, the fact\n\nthat a person has paid or agreed to pay for all or part of the\n\nfuneral arrangements and final disposition does not give that person\n\na greater right to the right of disposition than the person would\n\notherwise have. The personal representative of the estate of the\n\ndecedent does not, by virtue of being the personal representative,\n\nhave a greater claim to the right of disposition than the person\n\nwould otherwise have.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7476c661f1be5d05b366e0d951bb39e634e5af8ced1763a20b9797e0a55c40d1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1158","next":"us-ok/okla.-stat.-tit.-21-21-1158b"},"notice":"GroundRules: Original legal text. Not legal advice."}