- Form Name
- Declaration of Final Disposition
- Where do you get the form
- There is no specific form. Just be sure to include clear information about your wishes.
- Who signs the form
- It should be signed by the person named in the declaration and witnessed by two individuals.
- Default state preference funeral agent
- The right to control the disposition vests in the following order (provided the person is eighteen years of age or older and is of sound mind):
1) a person appointed by the decedent in his or her declaration of final disposition
2) surviving spouse
3) sole surviving child or, if there is more than one child, the majority of the surviving children
4) surviving parent or parents of the deceased
5) surviving brother or sister; if there is more than one sibling, the majority of the surviving siblings
6) surviving grandparent(s)
7) surviving grandchild or majority of grandchildren
8) guardian of the person of the decedent at the time of his or her death, if one had been appointed
9) a person in the classes of the next degree of kinship, in descending order
- State link
- Special Notes
- Arkansas House Bill 1409/Act 402 was signed into law by the governor on March 10, 2009.
Any person who does not exercise his or her right of disposition within two days of notification of the death or within five days of the decedent’s death, loses the right to make any decisions related to this subject.
If there is a dispute between those sharing the right of disposition, anyone of them may petition the circuit court for the county where the decedent resided to make a determination. The circuit court may award the right of disposition to the person it determines to be the most fit and appropriate to carry out the right of disposition.