Who Makes Funeral and Final Disposition Arrangements in Michigan?

Losing a loved one begins a difficult time, filled with a wealth of emotions as we start our journey through grief. It’s a time when we often seek the comfort of those we love, family and friends who can reminisce about the ones they miss and the memories that they will hold onto forever. Unfortunately, it can also be a time for division when questions arise regarding who will make the funeral and final disposition arrangements.

According to Michigan law, who is in charge of making these arrangements?

According to the Michigan Funeral Directors Association, the next-of-kin can make decisions regarding their loved one’s funeral and final disposition. The next-of-kin varies by state, but according to Michigan law, the next-of-kin order is:

●     Legal spouse

●     Children

●     Parents

●     Siblings

●     Grandparents

●     Aunts and uncles

●     Other relatives in descending order of blood relationship

To be the next-of-kin, the designated person must be over the age of 18. In some cases, the next-of-kin might be multiple people. For instance, if the decedent has no surviving spouse but multiple children over the age of 18, Michigan law dictates that decisions will be made by majority rule.

If no next-of-kin exists or can be found, funeral and final disposition decisions can be made by:

●     A guardian, provided the decedent was under a guardianship at their time of death

●     A personal representative who was named by the decedent in their will

●     A special personal representative who volunteers to make arrangements and petitions the Probate Count to obtain this authority

Following this list, if there still is not a next-of-kin, guardian, or personal representative, the county public administrator or county medical examiner may make decisions regarding a decedent’s funeral or final disposition. However, reasonable efforts must first be taken to contact the appropriate next-of-kin by a family member, personal representative, or nominated personal representative. Reasonable efforts include attempting to contact the next-of-kin at their last known address, telephone number, or email address.

If the next-of-kin refuses to act or if there is a conflict that cannot be resolved by majority rule, the next-of-kin or funeral director may petition the Probate Court to make a ruling, with the judge being required to hold a hearing within seven days.