Mesa, AZ asked in Estate Planning for Arizona

Q: In az my son passed away. My ex wife lives over 2000 miles away I am taking care of the bills and cremation.

Funeral home says need both parents permission. Tho he has not had any contact with mother in over 15 years. I had custody when he was a juvenile. He had said he wanted cremation for years. Does the funeral home need my ex wife's permission. She has no issues with the cremation. But the paperwork is slowing this down. Is there a reason that I can't do it he was 34 years old not a mimor

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1 Lawyer Answer
Ilene L McCauley
Ilene L McCauley
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I am so sorry for your loss.

The law regarding burial and cremation in AZ is ARS 36-831. Cremation is not a right in Arizona. In order to be cremated one needs a cremation permit. In order to receive this permit the rule is generally that the decedent:

1. Has prepaid the cremation.

2. Has prepared a special notarized document which provides clear and convincing evidence that the decedent wanted his remains to cremated.

3. Approval of the cremation in the order listed in the statute.

The funeral home is protecting itself by having both parents sign. Read the statute to see what you can do.

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