Funeral Referral & Consulting Services Forms for Houston
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FAQ
In Texas, the term, Right to Control Disposition is the person lawfully accountable for making final arrangements of the deceased person. This includes financial responsibility.
Usually, the executor is responsible for arranging the funeral, covering the costs of the funeral arrangements, and managing the estate after death. With legal access to the estate of the person who has died, the executor may be able to fund the funeral costs through the savings or assets left behind.
There is no law requiring you to use a funeral director or undertaker. Neither is there a legal requirement to hold a funeral. You do not have to accept responsibility for disposing of someone who has died. If no one accepts responsibility for disposing of a dead person, it becomes the job of the state.
Section 711.002 of the Texas Health and Safety Code states that the following people, in the priority listed, have a right to make funeral arrangements in Texas: A person designated in a written document signed by the decedent; a decedent's surviving spouse; a decedent's surviving adult children.
Most funerals are arranged by the nearest relatives and if not by a close friend. If there is no one, the local or health authority will arrange a simple funeral. The person may have left instructions about the type of funeral and burial they wanted.
If you simply can't come up with the money to pay for cremation or burial costs, you can sign a release form with your county coroner's office that says you can't afford to bury the family member. If you sign the release, the county and state will pitch in to either bury or cremate the body.