North Dakota · funeral and cremation law
Funeral and cremation law in North Dakota
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. North Dakota law places the duty of final disposition on people in a set order, starting with an adult the person named in a signed written statement, then the surviving spouse, then a majority of the adult children. A surviving spouse who is charged with or found guilty of feloniously killing the person loses priority, and a court can skip a sole relative who was estranged. If a person refuses or does not act in time, the right passes to the next person in line.
- Naming a disposition agent
An adult in North Dakota can write a statement directing cremation or another lawful disposition of their own remains, and can name a competent adult to carry the duty of final disposition. The statement must be signed and dated and can be part of a will. A crematory or funeral home may follow a conforming statement without anyone else's consent, but is only required to carry it out if the instructions were also set out and funded in a pre-need funeral contract.
The estate letter · North Dakota
After the funeral: settling the estate, one month at a time
Twelve months of steps with North Dakota'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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Estate checklist for North Dakota
After the funeral: what the executor does, month by month, with North Dakota's numbers and deadlines.