Who Can Authorize Cremation in Vermont?
From Everendium · Last reviewed October 15, 2026
This guide covers Vermont. For the general overview, see Right of Disposition Explained.
Quick answer
Vermont's law (18 V.S.A. §§ 5227 to 5228) decides who can authorize cremation. If the person left no valid written instructions, the right passes in this order: the advance-directive appointee, the spouse, children, parents, siblings, other kin, a guardian, a willing person who attests, a provider, and then the Chief Medical Examiner. A majority of children, siblings, or same-degree kin decides, with a narrow route when a majority can't be reached and no opposition is known.
Vermont’s rules on who controls a body after death are in 18 V.S.A. §§ 5227 to 5228. They go beyond the simple “spouse, then children” pattern many people assume, and some details can change the outcome for a family.
What if the person left written instructions?
A written directive comes first. When there is none, a person appointed in an advance directive ranks first; the directive must be dated and signed with two adult witnesses, and the agent and close family can’t witness.
Who decides if there are no written instructions?
If there are no valid written instructions, 18 V.S.A. §§ 5227 to 5228 gives the right to decide in this order: the advance-directive appointee, the spouse, children, parents, siblings, other kin, a guardian, a willing person who attests, a provider, and then the Chief Medical Examiner.
What if relatives of equal rank disagree?
A majority of children, siblings, or same-degree kin decides, with a narrow route when a majority can’t be reached and no opposition is known. A near relative or custodian can petition the Probate Division to appoint a controller or resolve a dispute.
Can someone lose the right to decide?
The right is forfeited if it isn’t exercised within three days of notice of the death or five days after the death, whichever is earlier. A person known as a likely suspect or prosecuted for the death is barred, and the Probate Division can forfeit the right on a finding of estrangement.
What should the family do first?
Tell the funeral home or crematory about any signed documents (a will, a health-care directive, or a disposition form recognized in Vermont) and about any relatives who rank equally. Ask which person it is treating as the authorizing agent and what in 18 V.S.A. §§ 5227 to 5228 it is relying on. If relatives disagree, many states let a provider wait for a court order or a written agreement, so ask how yours handles it. See who pays for a funeral when siblings disagree and when ex-spouses or estranged relatives claim a say in the funeral, and what to do when someone dies in Vermont.
Add this to your Final Day Plan: your own preference between burial and cremation, in writing, and the name of the person you want to direct it, in a signed writing that meets Vermont’s requirements. Ask a funeral home or an attorney what those are.
State law changes, and funeral homes apply it to the facts of each case. This is general educational information, not legal advice; an attorney licensed in Vermont can tell you what applies to your family.
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About this review
Everendium Editorial Team · last reviewed October 15, 2026.
Order of priority, tie rules, deadlines, and disqualifications are paraphrased from a 50-state statutory survey in which each state was checked in early October 2026 (Ezel, a legal research service, so a secondary source) and compared with the Funeral Consumers Alliance's state-by-state compilation. Full statute text was not read for any state, and the survey reflects the law as of its check date. Recommended for review by an attorney licensed in Vermont before wide promotion. Date-stamped October 15, 2026. This is general information, not legal advice
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