Choosing between cremation and burial is a deeply personal decision. Whether influenced by religious beliefs, cultural values, or personal preferences, this choice should be honored after your passing. Unfortunately, without proper estate planning, even clear verbal wishes can be ignored or contested. At KingBarnes Law Group, we help New Jersey residents put legally enforceable plans in place to ensure that final wishes—such as cremation or burial—are respected without delay or conflict.
Many people assume that sharing their preferences with family is enough. However, under New Jersey law, those verbal instructions are not legally binding unless the appropriate person has been given authority to carry them out. If you want to be cremated or buried in a specific location, you need to do more than simply tell someone. You need to designate that authority in writing.
Without a formal plan, decisions about your body will follow the New Jersey next-of-kin hierarchy, which may not align with your wishes. This can create disputes between family members or delays with the funeral home if no one is clearly authorized.
Before you document your wishes, it’s important to understand the key differences:
Cremation:
Burial:
Whether you prefer cremation or burial, making the choice now and documenting it legally will help ensure your plans are followed exactly as intended.
1. Appoint a Funeral and Disposition Representative New Jersey law allows you to name a person in your will or in a separate written document to handle your funeral, burial, or cremation. This person is known as a Funeral and Disposition Representative. By appointing this individual, you give them the legal right to follow your specific instructions.
2. Include Funeral Preferences in Your Estate Plan Clearly state your choice of cremation or burial in your estate documents. You may also include related preferences, such as the type of service, religious traditions, or where you want to be laid to rest or have your ashes placed.
3. Communicate With Loved Ones While legal documents are essential, it is also helpful to communicate your decisions to your family in advance. Let them know who you have appointed and where your documents are stored.
Whether you choose cremation or burial, the best way to make sure your wishes are honored is to include them in a legally valid estate plan. Appointing the right person and documenting your preferences protects your legacy and relieves your family of uncertainty during a difficult time.
At KingBarnes Law Group, we guide New Jersey families through every detail of estate planning, including funeral and disposition planning. Contact us today to schedule a consultation and take control of your final arrangements.
