South Carolina has no single right-of-disposition statute. Funeral decisions follow S.C. Code Ann. § 32-8-320 (cremation authorization only) and the traditional next-of-kin order. If the person did not name someone in advance, the right usually falls first to the spouse (unless separated by a pendente lite order, signed marital settlement agreement, or permanent separate-maintenance order), then passes down a fixed order set by the law.
This page sets out that order, how ties are settled, when someone loses the right, and what happens if the family disagrees. It is general information, not legal advice.
Who decides, in order, under South Carolina law
- Person named in a will or verified, attested document (or DD Form 93 if the decedent died in service and left no such document)
- Spouse (unless separated by a pendente lite order, signed marital settlement agreement, or permanent separate-maintenance order)
- Adult children
- Parents
- Adult siblings
- Adult grandchildren
- Grandparents
- Probate-court-appointed guardian
- Any person authorized or obligated by law to dispose of the body
- If none of the above: executor or legal representative, a public official (indigent), or an adult who showed special care and concern
The right belongs to the first person or group on the list who is available, willing and able to act. If they decline or cannot be reached, it passes to the next.
Can you name someone in advance in South Carolina?
Yes. The document the law requires: Will or other verified and attested document; DD Form 93 (for cremation authorization). A valid designation comes before a spouse or any relative.
When several people share the right
Any class member may authorize cremation unless they know of an objection from another; then a majority of reasonably available members.
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When someone loses the right
A person may not authorize cremation if someone in a higher class is reasonably available.
If the family disagrees
Disputes among equal-priority persons are resolved by the probate court.
South Carolina has no general right-of-disposition statute; this priority list governs cremation authorization, and burial disputes fall to common-law next-of-kin rules.
Death certificates and local help in South Carolina
Certified death certificates come from the vital records office where the death happened: South Carolina vital records (CDC directory). Our guide to getting a death certificate in South Carolina covers fees and who can order.
Related guides
- What to do when someone dies: the first 24 hours
- Who to call when someone dies, and in what order
- How much a funeral costs, line by line
- Help paying for a funeral: Social Security, VA and FEMA
- Official funeral resources for every state
Source
- S.C. Code Ann. § 32-8-320 (cremation authorization only), text reviewed 2026-09-24.