Who Can Authorize Cremation in Washington, D.C.?

Cremation can’t be undone, so the law is careful about who gets to decide. D.C.’s rules are in its Code and are applied by funeral directors and the Office of the Chief Medical Examiner every day. This page walks through them in the order they apply.

What if the person left written instructions?

They come first. D.C. Code § 3-413 says any competent adult may decide what happens to their own remains, without anyone else’s consent before or after death, by signing a document that states their wishes. A person may also designate someone to make those decisions, in a document that clearly says that person is to decide the disposition of the remains after death.

The document has to be dated and signed by the person, and it becomes effective at death. The text we read doesn’t mention a witness or notary requirement. A person can revoke it in writing at any time, and it can be included in an anatomical gift document. The right to control the disposition also covers the location and conditions of interment and arrangements for funeral goods and services.

Who decides if there are no written instructions?

The Code gives the right to control disposition, in this order of priority:

1. The competent surviving spouse or domestic partner
2. The sole surviving competent adult child, or if there is more than one, a majority of the surviving competent adult children. Less than a majority may act if they made reasonable efforts to notify all the other adult children of their instructions and aren’t aware of opposition from more than a majority
3. The surviving competent parent or parents. If one parent is absent and reasonable efforts to locate that parent fail, the other parent has the rights and duties
4. The surviving competent adult person in the next degrees of kindred. If several are in the same degree, a majority of them, with the same notice rule as for adult children
5. An adult friend or volunteer

The Office of the Chief Medical Examiner lists the same order on its Authorization to Release a Body form, and says it will not release a decedent without that form signed by the funeral home representative at the time of removal.

One point to check: the statute lists parents and then “the next degrees of kindred” without naming siblings or listing the degrees in the text we read. If you’re a sibling or another relative, confirm with the funeral director where you fall.

Is an unmarried partner covered?

Only if the partner is a registered domestic partner (the Code points to D.C.’s definition in section 32-701(3)), or if the person left a written directive or designation. A long-term partner who isn’t a registered domestic partner isn’t in the family order. They fall into the last, “adult friend,” tier, behind any parents, children, or other relatives. If you’re in that situation, a signed disposition document is the way to protect your wishes; see our guide for unmarried partners.

What happens if the family disagrees?

D.C. says disputes about control of disposition are resolved by a court. In deciding, the court must consider:

• The reasonableness, practicality, and resources available for the proposed arrangements
• The degree of the personal relationship between the person who died and each person in the same degree of relationship
• The person’s expressed wishes and whether they provided resources to carry them out
• How far the arrangements allow participation by all who wish to pay respect

If people with equal standing disagree, speak to an attorney promptly rather than letting arrangements stall, and see our overview of the right to decide funeral arrangements.

What else is required before a cremation in D.C.?

Under D.C. Code § 7-231.17, the funeral director who first takes custody of the body must obtain, before disposing of it:

1. An authorization for final disposition from the person who has the right to control it under § 3-413
2. A permit from the Registrar authorizing final disposition
3. A filed death certificate on security paper
4. If the disposition is by cremation, resomation, or burial at sea, additional authorization from the Office of the Chief Medical Examiner

Whoever is in charge of the place of final disposition returns the signed permit, with the date and place of disposition, to the funeral director within 10 days. If a body comes from another state with that state’s valid authorization, it is sufficient in D.C.

The statute names “resomation,” a water-based method, alongside cremation. We have not confirmed whether any D.C. provider offers it; see our state-by-state options tool and ask a licensed funeral director.

What should I do next?

If the person left written instructions, give a copy to the funeral director right away. If not, identify who is highest in the order before any arrangements are signed, talk to others with equal standing early, and ask the funeral director to confirm in writing who is authorizing. If you’re planning ahead, put your own wishes, and the person who should carry them out, in a signed, dated document.

Add this to your Final Day Plan: your choice between burial and cremation, and the name of the person you want to carry it out, in a signed and dated document.

For burial at sea, which in D.C. also needs Medical Examiner authorization, see Burial at sea: what the rules actually allow; for moving remains after burial, see Can a body be exhumed? How disinterment works.

This reflects the D.C. Code as read on October 8, 2026. Specific circumstances can change who has authority; a funeral director or D.C. attorney can confirm details for a particular family. This is not legal advice.