SD 402 Massachusetts Senate · 194th Legislature (2025-2026)

An Act designating right of disposition

This bill gives adults aged 18+ with sound mind the legal right to specify their funeral arrangements and disposition of remains through a written contract or affidavit. It establishes a clear priority order for who controls these decisions after death, starting with a person the decedent designated, then surviving spouse, children, parents, siblings, and others in sequence. The bill also specifies circumstances where someone loses this right (e.g., murder charges, failure to act within 2 days, or court determination of estrangement), and allows probate courts to resolve disputes if multiple people claim the right. These provisions ensure decisions align with the decedent's wishes while providing a structured process for family or legal representatives to follow.
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