Funeral and cremation law in Mississippi

The person with the legal right to decide is not automatically the person who happens to be arranging the funeral. When the person who died left no written authorization, Mississippi law lists who may authorize cremation or another lawful disposition, in order, starting with a military DD Form 93 designee for deaths in service, then the surviving spouse, then an adult child. A Mississippi resident can also direct their own disposition in a Self-Directed Disposition Authorization document, which overrides the wishes of next of kin. Anyone who does not act within five days of the death is treated as having waived the right, and a person a court has finally found at fault for the death is barred.

Miss. Code Ann. § 73-11-58(1), (2), (4)Read the statute · billstatus.ls.state.ms.uschecked Oct 7, 2026

Mississippi law says residents have the right to direct their own disposition without interference from others, using a Self-Directed Disposition Authorization document that overrides the wishes of next of kin. The statute also recognizes a representative acting under the person's signed authorization, but places that representative after the spouse, children, grandchildren, parents and siblings in the priority list. The statute does not spell out witness or notary requirements for the document.

Miss. Code Ann. § 73-11-58(1)Read the statute · billstatus.ls.state.ms.uschecked Oct 7, 2026