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Colorado Right of Disposition

When a person passes away, Colorado law follows a specific "order of priority" to decide who has the legal authority to make funeral arrangements and sign paperwork. This right moves down the list in this order:

  1. The Person Who Passed Away: If they left behind a legal document (called a "Declaration") stating their specific wishes or naming a specific person to act for them.
  2. The Estate Representative: The person named in a Will as the "Personal Representative" or "Executor."
  3. Surviving Spouse: The husband or wife of the person who passed (unless they were legally separated).
  4. Designated Beneficiary: Someone the person officially named in a specific legal "Beneficiary Agreement" before they died.
  5. The Children: A majority of the surviving adult children.
  6. The Parents: A majority of the surviving parents or legal guardians.
  7. The Siblings: A majority of the surviving adult brothers and sisters.
  8. Anyone Willing to Pay: If none of the above are available, any person willing to take legal and financial responsibility for the arrangements.

Important Rules to Remember

  • The "Majority" Rule: If there are multiple people in one category (like four adult children), a majority (at least three) must agree on the decisions.
  • What if there is a Disagreement? If the family cannot agree, the funeral home cannot proceed until the dispute is resolved. Usually, this means the family must go to a probate court to have a judge decide. The funeral home is not legally liable for waiting until a court order is provided.
  • The Clock is Ticking: A person loses their right to decide if they cannot be found, or if they are "unwilling or unable" to act. By law, a person is presumed "unwilling" if they fail to make arrangements within 5 days of being notified of the death, or within 10 days of the death occurring (whichever is earlier).
  • Veterans: If no one steps forward to claim a person for 180 days, and that person was a Veteran, the remains must be transferred to a U.S. military cemetery.
  • Unclaimed Persons: If no family or friends can be found, the "Public Administrator" or the county official in charge of indigent burials will handle the arrangements.


View Legal Document

FAQ’s

  • Who has the final say in making my funeral arrangements?

    In Colorado, the law follows a specific "hierarchy" or order of priority. It starts with any written instructions you left behind. If you didn't leave a written plan, the right passes to your legal representative, then your surviving spouse, followed by a majority of your adult children, your parents, and finally your siblings.

  • What happens if my siblings and I don’t agree on the arrangements?

    If a group of people (like adult children or siblings) has the legal right to decide, Colorado law requires a majority to agree. If the family is evenly split or cannot reach a majority decision, the funeral home must wait until the dispute is resolved. Often, this requires a court order from a probate judge to determine who can move forward.

  • Is there a time limit for making funeral arrangements?

    Yes. To ensure a timely and respectful disposition, the law sets specific deadlines. A person is legally presumed "unwilling or unable" to act if they do not make arrangements within 5 days of being notified of the death, or within 10 days of the date of death—whichever comes first. At that point, the legal right automatically passes to the next person on the priority list.

  • Can I legally name a friend to handle my services instead of my family?

    Absolutely. You can complete a legal document called a "Declaration for Disposition of Last Remains." In this document, you can name a specific "Designated Beneficiary" or agent to carry out your wishes. This person’s authority will legally override your next of kin, ensuring your wishes are followed by someone you trust.

  • Who is responsible for the cost of the funeral?

    The person who signs the contract and exercises the "Right of Disposition" is generally the person who assumes financial responsibility. However, the law also allows the right of disposition to pass to anyone who is simply "willing to assume legal and financial responsibility" if no other family members are able or willing to step forward.