Okla. Stat. tit. 21, § 21-1158a

body of decedent.

The district court for the county where the decedent resided may

award the right of disposition to the person determined by the court

to be the most fit and appropriate to carry out the right of

disposition, and may make decisions regarding the remains of the

decedent if those sharing the right of disposition cannot agree.

The following provisions shall apply to the determination of the

court under this section:

1. If the persons holding the right of disposition are two or

more persons with the same relationship to the decedent and cannot,

by majority vote, make a decision regarding the disposition of the

remains of the decedent, any of the persons or a funeral director

with custody of the remains may file a petition asking the district

court to make a determination in the matter;

2. In making a determination under this section, the district

court shall consider the following:

a. the reasonableness and practicality of the proposed

funeral arrangements and disposition,

b. the degree of the personal relationship between the

decedent and each person claiming the right of

disposition,

c. the desires of the person or persons who are ready,

willing and able to pay the cost of the funeral

arrangements and disposition,

d. the convenience and needs of other families and

friends wishing to pay respects,

e. the desires of the decedent, and

f. the degree to which the funeral arrangements would

allow maximum participation by all wishing to pay

respect;

Oklahoma Statutes - Title 21. Crimes and Punishments Page 507

3. In the event of a dispute regarding the right of

disposition, a funeral director shall not be liable for refusing to

accept the remains or to inter or otherwise dispose of the remains

of the decedent or complete the arrangements for the final

disposition of the remains until the funeral director receives a

court order or other written agreement signed by the parties in the

disagreement that decides the final disposition of the remains. If

the funeral director retains the remains for final disposition while

the parties are in disagreement, the funeral director may embalm,

refrigerate, or shelter the body in order to preserve it while

awaiting the final decision of the district court and may add the

cost of embalming, refrigeration or sheltering to the final

disposition costs. If a funeral director brings an action under

this section, the funeral director may add the legal fees and court

costs associated with a petition under this section to the cost of

final disposition. This section shall not be construed to require

or to impose a duty on a funeral director to bring an action under

this section. A funeral director shall not be held criminally or

civilly liable for choosing not to bring an action under this

section; and

4. Except to the degree it may be considered by the district

court under subparagraph c of paragraph 2 of this section, the fact

that a person has paid or agreed to pay for all or part of the

funeral arrangements and final disposition does not give that person

a greater right to the right of disposition than the person would

otherwise have. The personal representative of the estate of the

decedent does not, by virtue of being the personal representative,

have a greater claim to the right of disposition than the person

would otherwise have.