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Who Has the Right to Make Funeral Decisions in Utah?

In Utah, who decides what happens to a person’s body after death is set by Utah Code § 58-9-602. If the person did not name someone in advance, the right usually falls first to the surviving spouse (unless a personal representative was nominated after the marriage), 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 Utah law

  1. Person designated in a notarized/will-formal instrument or DD Form 93
  2. Surviving spouse (unless a personal representative was nominated after the marriage)
  3. Personal representative nominated in a will
  4. Children (majority)
  5. Parents
  6. Siblings (majority)
  7. Next of kin by descent (any one)
  8. Guardian at time of death
  9. Public official
  10. Any other willing person, including the personal representative or funeral director

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 Utah?

Yes. The document the law requires: Written instrument that is notarized or signed with will formalities (not a power of attorney that ends at death); DD Form 93. A valid designation comes before a spouse or any relative.

When several people share the right

Majority of children or siblings; fewer than half may act if they notified the others and know of no majority opposition; among more distant kin any one may act.

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When someone loses the right

Forfeited if charged with first- or second-degree murder or voluntary manslaughter in the death (returned if dropped or acquitted), not acting within 3 days of notice or 5 days of death (whichever is earlier), or found estranged by the probate court (Utah Code 58-9-603).

If the family disagrees

The probate court for the county where the decedent lived may award the right to the most fit and appropriate person, or decide when those sharing it cannot agree (Utah Code 58-9-605).

Utah is unusual: a personal representative named in a will made after the marriage outranks the spouse. If no one can be found and the public official does not act within 36 hours of written notice, the funeral director may control disposition (58-9-604).

Death certificates and local help in Utah

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

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