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Who Has the Right to Make Funeral Decisions in Maine?

In Maine, who decides what happens to a person’s body after death is set by Me. Rev. Stat. tit. 22, § 2843-A. If the person did not name someone in advance, the right usually falls first to the spouse, 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 Maine law

  1. Designated person (written and signed document)
  2. Spouse
  3. Domestic partner
  4. Adult children
  5. Parents
  6. Adult siblings
  7. Adult grandchildren
  8. Adult nieces and nephews
  9. Maternal grandparent
  10. Paternal grandparent
  11. Adult aunts and uncles (or their spouses)
  12. Adult first cousins
  13. Other adult blood relatives by degree
  14. Adjutant General (veteran with no known spouse or adult relative)

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.

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Can you name someone in advance in Maine?

Yes. The document the law requires: Written and signed document designating a person to have custody and control. A valid designation comes before a spouse or any relative.

When several people share the right

Majority of the next of kin in the class; if no majority, the Probate Court decides.

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When someone loses the right

A person charged with murder or manslaughter forfeits the right (regained if charges are dismissed or they are acquitted before disposition). An estranged spouse or domestic partner has no right. Right passes if the holder does not act within 4 days of death; if decisions are not completed within 30 days the funeral director may bury; remains unclaimed for 15 days are abandoned.

If the family disagrees

Petition to the probate court where the decedent lived, which may award custody to the person it finds most fit and appropriate.

Maine lets a close non-relative who lived with the decedent petition the probate court.

Death certificates and local help in Maine

Certified death certificates come from the vital records office where the death happened: Maine vital records (CDC directory). Our guide to getting a death certificate in Maine covers fees and who can order.

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