Hierarchy

Typical hierarchy for disposition is as follows:

A State next-of-kin hierarchy law specifically to determine who has the legal right to control a person’s disposition in the following descending order:

• • Person designated in written instrument (Final Disposition Agent);

  • Spouse;

  • Domestic Partner;

  • Any Child 18 or Older;

  • Either Parent;

  • Any Brother or Sister 18 or Older;

  • Authorized Guardian;

  • Person 18 or Older now Eligible to Receive an Estate Distribution, in the
    following order:
    o Grandchildren;
    o Great-Grandchildren;
    o Nieces and Nephews;
    o Grand-nieces and Grand-nephews;
    o Grandparents;
    o Aunts and Uncles;
    o First Cousins;
    o Great-Grandchildren of Grandparents; o Second Cousins;

  • Fiduciary;

  • Close friend or other relative who is reasonably familiar with the decedent’s
    wishes, including his or her religious or moral beliefs, when no one higher on the list is available, willing, or competent to act; (NOTE: This person must complete an “At-Need Written Statement of Person Having the Right to Control Disposition” form.)

  • Public administrator (or the same official in a county not having a public administrator); or, anyone willing to act on behalf of the decedent who completes the “At-Need Written Statement” form

*Disclaimer:  This information taken from NYSFDA Compliance Guide: Final Disposition. Be sure to check your specific State laws to ensure the same hierarchy exists in your State. This list is for reference purposes only and does not attempt to serve as a technical nor legal statement that is binding on Final Disposition Agents.