Planning for the Future: Disposition of Remains in Texas and Why It Matters

End-of-life planning isn’t just about wills, trusts, or finances—it also includes decisions about what happens to your remains. In Texas, these choices are legally recognized under the “disposition of remains” statutes, and failing to plan can create stress, confusion, or even conflict among loved ones. This is especially important for LGBTQ couples and non-traditional family structures, where legal recognition of next-of-kin may not align with the couple’s wishes.

What is Disposition of Remains?

Disposition of remains refers to the legal authority to decide how a deceased person’s body is handled after death, including burial, cremation, donation, or other final arrangements. This can also include instructions for a religious or cultural ceremony, funeral preferences, or memorial services.

In Texas, the Health & Safety Code, Chapter 711 governs who has the legal right to control the disposition of remains.

Statutory Priority List in Texas

If no written instructions are provided, Texas law gives the following priority order for who can decide the disposition of remains:

Surviving spouse
Adult child or children
Parent or parents
Adult siblings
Grandparent(s)
Other person in the next degree of kinship

Important Note: LGBTQ couples may face challenges if they are not legally married or if next-of-kin status is unclear. Without proper documentation, a partner may not have legal authority to make decisions.

Why Disposition of Remains Planning is Important

Ensures your wishes are honored, including cremation vs. burial.
Allows for religious, cultural, or personal ceremonies of your choice.
Avoids disputes among family members or legally recognized next-of-kin.
Provides peace of mind for loved ones during a difficult time.

FOREVER LEGAL Scenario: Logan and Matthew

Logan and Matthew are a long-term LGBTQ couple. They are not married, and Logan wants to ensure that Matthew can make all final decisions regarding Logan’s remains, including cremation, burial, and a small memorial service.
Without proper planning, Texas law might prioritize Logan’s biological family over Matthew, potentially overriding Logan’s wishes. By executing a written authorization for disposition of remains, Logan can:

Name Matthew as the legal person with the right to control the disposition.
Specify whether Logan wants cremation or burial, and any ceremonial details.
Include instructions for religious or secular services, flowers, or other personal preferences.

What Can Be Included in a Disposition of Remains Plan?

Choice of cremation, burial, or body donation
Appointment of a designated agent to make decisions
Funeral or memorial service preferences, including religious or cultural customs
Instructions for scattering ashes or placement of remains
Special requests, such as music, readings, or guest list

How FOREVER LEGAL Can Help

At FOREVER LEGAL, we assist clients in creating legally binding instructions for the disposition of remains, ensuring your wishes are followed and your loved ones are protected. For LGBTQ couples, unmarried partners, or non-traditional family structures, this planning is essential to avoid legal disputes.

Don’t leave your final wishes to chance. Contact FOREVER LEGAL today to discuss disposition of remains planning and integrate it into your signature estate plan package.

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