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Arkansas Code Title 20. Public Health and Welfare § 20-17-702. Search for next of kin

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1)(A) The person who assumes original and lawful possession, charge, or control of any body as described in this subchapter shall conduct a diligent search for relatives or next of kin of the deceased, or that person shall request the county sheriff or such other person as may be required by law to conduct the search.

(B) The search shall be completed within five (5) days of the death of the deceased or the date of the request, whichever is later.

(2) The person conducting the search under subdivision (a)(1) of this section shall make every effort to find the spouse, if any, of the deceased.

(3) If the person conducting the search is not satisfied that the putative spouse is, in fact, a legal spouse, or it is determined that no spouse exists, then every effort shall be made to find the parents and siblings, if any, of the deceased.

(b) If the identity of the deceased is not known, the investigation shall include without limitation submittal of the unidentified deceased to the State Crime Laboratory for forensic examination and scientific identification that may include fingerprinting, dental examination, DNA analysis, and entry into the National Missing and Unidentified Persons System database.

(c) If the deceased is eighteen (18) years of age or older, the person conducting the search shall conduct a diligent search with the Department of Veterans Affairs and the United States Department of Veterans Affairs to determine whether the deceased was a veteran under § 20-17-1403.

(d) If a relative or next of kin does not claim the body, a friend, a representative of a fraternal society of which the deceased was a member, a veterans service organization as defined in the Missing in America Project Act, § 20-17-1401 et seq., the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a representative of a charitable or religious group may claim the body for burial or cremation at his or her expense as described in § 20-17-706(a)-(c).

(e)(1) If a party listed in subsection (d) of this section or a medical school does not claim the body, the person in possession, charge, or control of the unclaimed body shall bury, cremate, or donate the unclaimed body within ten (10) days after the date of death.

(2) If the unclaimed body is cremated and a relative, next of kin, or other party described in subsection (d) of this section does not claim the unclaimed remains within five (5) days of cremation, the person in possession, charge, or control of the unclaimed body may dispose of the unclaimed remains in a manner permitted by law.

(3) If money is discovered on the unclaimed body, the person in possession, charge, or control of the unclaimed body may use the money toward the disposition of the unclaimed body.

(4) If the deceased had an estate, the estate is responsible for reimbursing the person in possession, charge, or control of the unclaimed body for all reasonable expenses incurred in relation to the disposition of the unclaimed body.

(5)(A) The coroner in the county where the unclaimed body is located may assume possession, charge, or control of the unclaimed body and all obligations and benefits required of the person in possession, charge, or control of the unclaimed body.

(B)(i) The person in possession, charge, or control of the unclaimed body may petition the county court where the unclaimed body is located for the county to take possession, charge, or control of the unclaimed body.

(ii) The county court shall grant the county possession, charge, or control of the unclaimed body upon a finding that the county is able to address the disposition of the unclaimed body and the county is the proper county for disposition of the unclaimed body.

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Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-17-702. Search for next of kin - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-17-702/

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