Custody, Transportation, and Disposition of Human Remains
This domain tests who legally controls a body, who may move it, and what paperwork must accompany it.
Right of custody and disposition
- Massachusetts recognizes a statutory priority for the right to control disposition, generally beginning with a surviving spouse who has not been divorced from the decedent, then descending through children and other relatives, with a person's written designation of an agent taking effect as provided by law.
- A will does not control disposition. Neither does the person who pays.
- Disputes among family members are resolved by a court order, not by the funeral director choosing sides.
Removal and transportation
- Only a licensed funeral director or embalmer, or a registered apprentice under direct supervision, may remove remains.
- A burial or transit permit must be issued before disposition or movement out of the jurisdiction; common carriers generally will not accept remains without one, and may require embalming or an approved container.
- Vehicles must have a secure cot or tray; remains are covered during transfer.
- Cremated remains move in a sealed container; postal shipment follows USPS requirements for Priority Mail Express with the required labeling.
Worked example. A spouse and the decedent's adult daughter disagree about cremation; the daughter holds a prepaid contract she signed. The contract does not shift custody. Absent a court order or a written designation naming the daughter, the spouse holds priority, and the firm proceeds on the spouse's written authorization while documenting the daughter's objection and the firm's refusal to arbitrate the dispute.
Traps that cost marks. Following the will; following the payer; letting a family argument delay the filing deadline without documentation; moving remains across state lines without a transit permit.