When you create an estate plan, you’re protecting your assets, but what about control over your funeral and disposition of your remains? In New Jersey, the law sets default rules, but you can, and should, plan ahead to ensure your wishes are followed. This post explains who has legal authority, and how to avoid unnecessary disputes.
Under New Jersey’s Cemetery Act (N.J.S.A. 45:27‑22), unless you formally appoint a funeral agent, authority to control funeral arrangements follows a specific order:
Importantly, simply writing preferences in a personal document or sharing them verbally does not override the statutory hierarchy.
It’s a common misconception that the executor of your will automatically controls your funeral. In New Jersey, that is incorrect. Unless your will explicitly appoints the executor as your funeral agent, their duties are limited to financial administration, paying bills (including the funeral bill), filing taxes, distributing assets, and not funeral arrangements.
Even if your estate plan names someone as executor, that person must wait for probate; meanwhile, funeral decisions must happen immediately.
A Power of Attorney (POA) authorizes someone to act on your behalf during your lifetime, but it terminates at death. That means your POA grantee cannot control arrangements after you pass, unless the POA includes explicit New Jersey “right of sepulcher” language and that is recognized by law.
Similarly, a guardian may or may not have funeral authority depending on court‑assigned powers. These rights should be confirmed in writing and may require attorney guidance.
To ensure your final wishes are honored, New Jersey law allows you to appoint a funeral agent, a person with exclusive legal authority to arrange your disposition, burial or cremation, funeral service, merchandise, and memorial matters. The funeral agent’s appointment takes precedence over all other potential decision‑makers, including spouse or family.
You can appoint a funeral agent in two ways:
Make sure your executor is instructed to notify your funeral agent promptly and made aware of available funds for expenses.
Failing to appoint a funeral agent and outline your preferences can lead to family disputes—especially where multiple individuals share equal statutory ranking (e.g. parents or siblings). New Jersey courts may decide for you, considering which next‑of‑kin was most likely to follow your wishes or had the closest relationship.
By including funeral instructions and agent designation in your estate planning documents, you reduce emotional stress and legal conflict for your loved ones and ensure your final desires are respected.
Estate planning with KingBarnes goes beyond managing assets, it includes making sure your final arrangements are handled according to your wishes. Our New Jersey attorneys can help you:
Turning thoughtful planning into peace of mind: call KingBarnes today to ensure your final arrangements reflect your will and honor your memory.