Okla. Stat. tit. 21, § 21-1158
This is the official text of Okla. Stat. tit. 21, § 21-1158, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.
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Right to control disposition of the remains of a deceased
Official statutory text
person.
The right to control the disposition of the remains of a
deceased person, the location, manner and conditions of disposition,
and arrangements for funeral goods and services vests in the
following order, provided the person is eighteen (18) years of age
or older and of sound mind:
1. The decedent, provided the decedent has entered into a pre-
need funeral services contract or executed a written document that
meets the requirements of the State of Oklahoma;
2. A representative appointed by the decedent by means of an
executed and witnessed written document meeting the requirements of
the State of Oklahoma;
3. The surviving spouse;
4. The sole surviving adult child of the decedent whose
whereabouts is reasonably ascertained or if there is more than one
adult child of the decedent, the majority of the surviving adult
children whose whereabouts are reasonably ascertained;
5. The surviving parent or parents of the decedent, whose
whereabouts are reasonably ascertained;
6. The surviving adult brother or sister of the decedent whose
whereabouts is reasonably ascertained, or if there is more than one
adult sibling of the decedent, the majority of the adult surviving
siblings, whose whereabouts are reasonably ascertained;
7. The guardian of the person of the decedent at the time of
the death of the decedent, if one had been appointed;
8. The person in the classes of the next degree of kinship, in
descending order, under the laws of descent and distribution to
inherit the estate of the decedent. If there is more than one
person of the same degree, any person of that degree may exercise
the right of disposition;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 506
9. If the decedent was an indigent person or other person the
final disposition of whose body is the financial responsibility of
the state or a political subdivision of the state, the public
officer or employee responsible for arranging the final disposition
of the remains of the decedent; and
10. In the absence of any person under paragraphs 1 through 9
of this section, any other person willing to assume the
responsibilities to act and arrange the final disposition of the
remains of the decedent, including the personal representative of
the estate of the decedent or the funeral director with custody of
the body, after attesting in writing that a good-faith effort has
been made to no avail to contact the individuals under paragraphs 1
through 9 of this section.
R.L. 1910, § 2453. Amended by Laws 1997, c. 197, § 2, eff. Nov. 1,
1997; Laws 2011, c. 208, § 1, eff. Nov. 1, 2011.
The right to control the disposition of the remains of a
deceased person, the location, manner and conditions of disposition,
and arrangements for funeral goods and services vests in the
following order, provided the person is eighteen (18) years of age
or older and of sound mind:
1. The decedent, provided the decedent has entered into a pre-
need funeral services contract or executed a written document that
meets the requirements of the State of Oklahoma;
2. A representative appointed by the decedent by means of an
executed and witnessed written document meeting the requirements of
the State of Oklahoma;
3. The surviving spouse;
4. The sole surviving adult child of the decedent whose
whereabouts is reasonably ascertained or if there is more than one
adult child of the decedent, the majority of the surviving adult
children whose whereabouts are reasonably ascertained;
5. The surviving parent or parents of the decedent, whose
whereabouts are reasonably ascertained;
6. The surviving adult brother or sister of the decedent whose
whereabouts is reasonably ascertained, or if there is more than one
adult sibling of the decedent, the majority of the adult surviving
siblings, whose whereabouts are reasonably ascertained;
7. The guardian of the person of the decedent at the time of
the death of the decedent, if one had been appointed;
8. The person in the classes of the next degree of kinship, in
descending order, under the laws of descent and distribution to
inherit the estate of the decedent. If there is more than one
person of the same degree, any person of that degree may exercise
the right of disposition;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 506
9. If the decedent was an indigent person or other person the
final disposition of whose body is the financial responsibility of
the state or a political subdivision of the state, the public
officer or employee responsible for arranging the final disposition
of the remains of the decedent; and
10. In the absence of any person under paragraphs 1 through 9
of this section, any other person willing to assume the
responsibilities to act and arrange the final disposition of the
remains of the decedent, including the personal representative of
the estate of the decedent or the funeral director with custody of
the body, after attesting in writing that a good-faith effort has
been made to no avail to contact the individuals under paragraphs 1
through 9 of this section.
R.L. 1910, § 2453. Amended by Laws 1997, c. 197, § 2, eff. Nov. 1,
1997; Laws 2011, c. 208, § 1, eff. Nov. 1, 2011.
Status: in_force · Read it on the official government site
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