C.R.S. Section 15-19-106
Right of final disposition


(1)

Subject to section 15-19-105 (2), the right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent’s death, in the following order:

(a)

The decedent if acting through a declaration pursuant to section 15-19-104, subject to the provisions of section 15-19-104 (3)(a)(II);

(b)

Intentionally left blank —Ed.

(I)

Either the appointed personal representative or special administrator of the decedent’s estate if such person has been appointed; or

(II)

The nominee for appointment as personal representative under the decedent’s will if a personal representative or special administrator has not been appointed;

(c)

The surviving spouse of the decedent, if not legally separated from the decedent;

(c.5)

A person with the right to direct the disposition of the decedent’s last remains in a designated beneficiary agreement made pursuant to article 22 of this title;

(d)

A majority of the surviving adult children of the decedent;

(e)

A majority of the surviving parents or legal guardians of the decedent, who shall act in writing;

(f)

A majority of the surviving adult siblings of the decedent;
(g)(Deleted by amendment, L. 2006, p. 900, § 5, effective August 7, 2006.)(h) Any person who is willing to assume legal and financial responsibility for the final disposition of the decedent’s last remains.
(2)(Deleted by amendment, L. 2006, p. 900, § 5, effective August 7, 2006.)(3) Disputes among the persons listed under subsection (1) of this section shall be resolved by the probate court. A third party shall not be liable for refusing to accept the decedent’s remains or dispose of the decedent’s remains until the party receives a court order or other reasonable confirmation that the dispute has been resolved or settled.

(4)

Intentionally left blank —Ed.

(a)

If the person with the right to control disposition is unable or unwilling to make such disposition, or if the person’s whereabouts cannot be reasonably ascertained, then that person’s rights shall terminate and pass to the following, in the following order:

(I)

The rest of the persons in the class with the same degree of relationship granting the same priority of control over the disposition pursuant to subsection (1) of this section;

(II)

The next class of persons in the order listed in subsection (1) of this section if no one else with the same degree of relationship granting the same priority of control over the disposition of this section exists or possesses the right of final disposition pursuant to subsection (1) of this section.

(b)

Intentionally left blank —Ed.

(I)

The person with the right to control disposition shall be presumed to be unable or unwilling to provide for such disposition, or the person’s whereabouts shall be presumed unknown, if the person has failed to make or appoint another person to make final arrangements for the disposition of the decedent within five days after receiving notice of the decedent’s death or within ten days after the decedent’s death, whichever is earlier.

(II)

Any member or veteran of the armed forces of the United States or of an organization supporting members or veterans of the armed forces of the United States shall have the right to access the human remains and records thereof in order to identify the remains if no person with the right of final disposition has provided for final disposition for at least one hundred eighty days after death. If the remains are those of a veteran of the armed forces of the United States, the person who possesses the remains shall make arrangements for the remains to be transferred to the closest United States military cemetery. This subparagraph (II) shall not be construed to authorize the exhumation of dead human bodies nor the possession of dead human bodies by any person seeking to identify the identity of the remains.

(c)

If a person is unable or unwilling to make a disposition under this subsection (4), such person shall not be counted as a member of the class with the same degree of relationship granting the same priority of control over the disposition pursuant to subsection (1) of this section when determining the number that makes a majority of such class.

(5)

If the persons enumerated in subsection (1) of this section are not willing or able to provide for the final disposition of a decedent’s remains, or if the persons’ whereabouts cannot be reasonably ascertained, then the public administrator responsible for the decedent’s estate or the person who controls the final disposition of indigent people in the county in which the death occurred shall make arrangements for the final disposition of the decedent’s remains.

(6)

A third party who provides for the final disposition of a decedent’s remains upon authorization from a person who claimed to have the right to control the final disposition shall be immune from civil liability and administrative discipline.

Source: Section 15-19-106 — Right of final disposition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑19‑101
Short title
15‑19‑102
Legislative declaration - construction
15‑19‑103
Definitions
15‑19‑104
Declaration of disposition of last remains
15‑19‑105
Reliance - declarations
15‑19‑106
Right of final disposition
15‑19‑106.5
Disposition of abandoned cremated remains of veterans - liability - applicability - definitions
15‑19‑107
Declaration of disposition of last remains
15‑19‑108
Interstate effect of declaration
15‑19‑109
Effect of criminal charges
15‑19‑110
Natural reduction
15‑19‑201
Short title
15‑19‑202
Definitions
15‑19‑203
Applicability
15‑19‑204
Who may make anatomical gift before donor’s death
15‑19‑205
Manner of making anatomical gift before donor’s death
15‑19‑206
Amending or revoking anatomical gift before donor’s death
15‑19‑207
Refusal to make anatomical gift - effect of refusal
15‑19‑208
Preclusive effect of anatomical gift, amendment, or revocation
15‑19‑209
Who may make anatomical gift of decedent’s body or part
15‑19‑210
Manner of making, amending, or revoking anatomical gift of decedent’s body or part
15‑19‑211
Persons that may receive anatomical gift - purpose of anatomical gift
15‑19‑212
Search and notification
15‑19‑213
Delivery of document of gift not required - right to examine
15‑19‑214
Rights and duties of procurement organization and others
15‑19‑215
Coordination of procurement and use
15‑19‑216
Sale or purchase of parts prohibited
15‑19‑217
Other prohibited acts
15‑19‑218
Immunity
15‑19‑219
Law governing validity - choice of law as to execution of document of gift - presumption of validity
15‑19‑220
Donor registry
15‑19‑221
Effect of anatomical gift on advance health-care directive - definitions
15‑19‑222
Cooperation between coroner and procurement organization
15‑19‑223
Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner
15‑19‑224
Uniformity of application and construction
15‑19‑225
Relation to “Electronic Signatures in Global and National Commerce Act”
15‑19‑301
Board for distribution of unclaimed human bodies - rules
15‑19‑302
Duty of public officers as to unclaimed bodies
15‑19‑303
Claiming of body - publication of notice
15‑19‑304
Disposition of all or any portion of body after death - nonliability
15‑19‑305
Unlawful to hold autopsy
15‑19‑306
Holding of body for twenty days
15‑19‑307
Disposition of remains
15‑19‑308
Expense to be borne by institutions
15‑19‑309
Penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 15-19-106’s source at colorado​.gov