Establishing the order of priority of a decedent's surviving parents who cannot agree on the disposition of such decedent's remains.

Session of 2025
HOUSE BILL No. 2403
By Committee on Federal and State Affairs
Requested by Representative Howerton
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AN ACT concerning public health; relating to the disposal of a decedent's
remains; establishing the order of priority of a decedent's surviving
parents who cannot agree on the disposition of such decedent's remains;
amending K.S.A. 65-1734 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-1734 is hereby amended to read as follows: 65-
1734. (a) The following persons, in order of priority stated, may order any
lawful manner of final disposition of a decedent's remains including burial,
cremation, entombment or anatomical donation:
(1) The agent for health care decisions established by a durable power
of attorney for health care decisions pursuant to K.S.A. 58-625 et seq., and
amendments thereto, if such power of attorney conveys to the agent the
authority to make decisions concerning disposition of the decedent's
remains;
(2) the spouse of the decedent;
(3) the decedent's surviving adult children. If there is more than one
adult child, any adult child who confirms in writing the notification of all
other adult children, may direct the manner of disposition unless the
funeral establishment or crematory authority receives written objection to
the manner of disposition from another adult child;
(4) the decedent's surviving parents, subject to the following:
(A) If such surviving parents cannot agree on disposition of the
remains within 60 days of the date of death, then the mother alone shall
have first priority for a period of 30 days. If the mother does not order any
lawful manner of final disposition of the remains within such 30-day
period, then the father shall be given first priority; and
(B) any such parent who is incarcerated may sign a statement that
has been notarized to authorize final disposition;
(5) the persons in the next degree of kinship under the laws of descent
and distribution to inherit the estate of the decedent. If there is more than
one person of the same degree, any person of that such degree may direct
the manner of disposition;
(6) a guardian of the person of the decedent at the time of such
person's death;
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(7) the personal representative of the decedent; or
(8) in the case of indigents or any other individuals whose final
disposition is the responsibility of the state or county, the public official
charged with arranging the final disposition pursuant to K.S.A. 22a-215,
and amendments thereto.
(b) If the decedent died during active military service, as provided in
10 U.S.C. § 1481(a)(1) through (8), in any branch of the United States
armed forces, United States reserve forces or national guard, the person
authorized by the decedent to direct disposition pursuant to public law
109-163, § 564, as listed on the decedent's United States department of
defense record of emergency data, DD form 93, or its successor form, shall
take priority over all other persons described in subsection (a).
(c) A funeral director, funeral establishment or crematory shall not be
subject to criminal prosecution or civil liability for carrying out the
otherwise lawful instructions of the person or persons under subsection (a)
if the funeral director reasonably believes that such person is entitled to
control final disposition.
Sec. 2. K.S.A. 65-1734 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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