Code of the District of Columbia

§ 3–413.01. Disputes.

Disputes concerning the rights to the control or the disposition of the remains of a deceased person shall be resolved by a court of competent jurisdiction. In resolving a dispute, the court shall consider the following factors:

(1) The reasonableness, practicality, and resources available for payment for the proposed arrangements and final disposition;

(2) The degree of the personal relationship between the decedent and each of the persons in the same degree of relationship to the decedent;

(3) The expressed wishes and directions of the decedent and the extent to which the decedent has provided resources for the purpose of carrying out those wishes or directions; and

(4) The degree to which the arrangements and final disposition will allow for participation by all who wish to pay respect to the decedent.


(May 22, 1984, D.C. Law 5-84, § 14a; as added Oct. 3, 2001, D.C. Law 14-28, § 902(b), 48 DCR 6981.)

Emergency Legislation

For temporary (90 day) addition of section, see § 2(b) of Funeral Services Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-8, March 2, 2001, 48 DCR 2487).

Temporary Legislation

For temporary (225 day) addition, see § 2(b) of Funeral Services Temporary Amendment Act of 2000 (D.C. Law 13-219, April 3, 2001, law notification 48 DCR 3461).