Who gets legal control of a deceased person's body since wills take time to file and probate?

Does the executor get control or does the closest relative get control ?

(Assume this were to happen in a situation where a dispute arose.)
You may also assume that a situation arises in which the deceased person’s will (although not filed right away) has directions for burial that are different than what the closest relative wants to do.

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    5 Responses to Who gets legal control of a deceased person's body since wills take time to file and probate?

    1. mailaccount63 says:

      The spouse.

      OR

      The Executor of the Estate.

      Powers Of Attorney cease upon death.

    2. Jessica says:

      Whoever the power of attorney is has the say so

    3. moving right along says:

      it has nothing to do with the will.

      the spouse
      or
      next of kin if unmarried makes the funeral arrangements.

    4. Mom says:

      The relative. The Executor is not appointed until will have been probated. Putting instructions in a will is useless. First the Spouse, then the parents then children and down the line with relatives
      Power of Attorney ceases upon death.

    5. rtfm says:

      The closest surviving relative has absolute authority as to what shall be done with the remains. A will is a *guideline* that expresses the *wishes* of the deceased, but the survivor is not contractually bound to it.

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