New Mexico · funeral and cremation law
Funeral and cremation law in New Mexico
Who decides, what has to wait, and what a funeral home must tell you. Every fact links to its statute. Not legal advice.
- Who can authorize a cremation
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 instructions, New Mexico law names the legal next of kin, in order, who decide the means of disposition, including cremation: the surviving spouse, then a majority of the adult children, then the parents. For a death during military service, the person named on the Defense Department emergency data form decides instead. An adult can also authorize their own cremation in writing or in a will.
- Naming a disposition agent
An adult in New Mexico can authorize their own cremation and the disposition of the ashes with a signed written statement, or with an express statement in their will. Personal representatives, funeral homes, direct disposition businesses and crematories must follow a statement that meets these rules, and are protected when they rely on it in good faith. The section covers the person's own cremation instructions; it does not set up a general appointment of an agent to make disposition decisions.
The estate letter · New Mexico
After the funeral: settling the estate, one month at a time
Twelve months of steps with New Mexico's own numbers and deadlines. Read the checklist now, or sign up there for one email a month.
Get the estate letter- Month 1The first things to gather
- Month 2Work out what the estate is
- Month 3Get the authority to act
- 9 more months
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