HB 781 Summary

• Allows individuals 18+ and of sound mind to execute a preneed contract directing the location, manner, and conditions of their remains' disposition, which cannot be cancelled or substantially revised except by an authorized designee or if funding is insufficient.

• Establishes a priority order for who controls disposition of a deceased person's remains: designated person via affidavit, surviving spouse, majority of surviving children, surviving parents, majority of siblings, majority of grandparents, guardian, personal representative, next of kin by descent/distribution, state/political subdivision officer, or any willing person after good faith effort to contact others.

• A person forfeits their right to control disposition if they are charged with murder or voluntary manslaughter related to the death, fail to exercise the right within 2 days of notification or 3 days of death (whichever is earlier), are married to the decedent with a pending divorce petition, or are determined by chancery court to be estranged from the decedent.

• Allows the chancery court in the decedent's county of residence to determine disposition rights when multiple parties with equal priority cannot agree, considering factors including reasonableness of arrangements, personal relationships, who will pay costs, and the decedent's wishes.

• Protects funeral homes from liability when multiple parties dispute disposition rights; funeral homes may refuse to dispose of remains until receiving a court order or written agreement, and may charge for embalming, refrigeration, and legal fees incurred during disputes.