Who can authorize a cremation or burial in Delaware?

Delaware recognizes the decedent's ability to make a written declaration controlling final remains, followed by a statutory priority list if the person did not make one. The priority includes the surviving spouse, estate representative, adult children, parents or guardians, siblings, and then other people in the statutory order.

What paperwork is required before a cremation in Delaware?

Before cremation, human remains that have not already been identified must be identified by the next of kin, the person authorized to make funeral arrangements, or the medical examiner. Delaware also provides rules for the handling of unclaimed cremated remains.

Delaware · funeral and cremation law

Funeral and cremation law in Delaware

Who decides, what has to wait, and what a funeral home must tell you. Every fact links to its statute. Not legal advice.

2 checked factsLast checked Sep 18, 2026Sourced to the statute

Who can authorize a cremation: Delaware recognizes the decedent's ability to make a written declaration controlling final remains, followed by a statutory priority list if the person did not make one. The priority includes the surviving spouse, estate representative, adult children, parents or guardians, siblings, and then other people in the statutory order.
Del. Code tit. 12, § 264Read the statute · delcode.delaware.govchecked Sep 18, 2026effective Sep 18, 2026
Paperwork before a cremation: Before cremation, human remains that have not already been identified must be identified by the next of kin, the person authorized to make funeral arrangements, or the medical examiner. Delaware also provides rules for the handling of unclaimed cremated remains.
Del. Code tit. 24, § 3121Read the statute · legis.delaware.govchecked Sep 18, 2026effective Sep 19, 2026

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