Skip to main content
Find a Lawyer

Tennessee Code Title 62. Professions, Businesses and Trades § 62-5-705

Current as of January 02, 2024 | Updated by Findlaw Staff

If two (2) or more persons hold the right of disposition pursuant to § 62-5-703, and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of such persons or a funeral establishment with custody of the remains may file a petition asking the court with probate jurisdiction to make a determination in the matter. If a funeral establishment brings an action under this section, or relies upon this section to defend itself in a related lawsuit, the court may award legal fees and court costs associated with a petition under this section to the cost of final disposition. The court with probate jurisdiction for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the decedent's remains if those sharing the right of disposition cannot agree. The court may consider the following in making such determination:

(1) The reasonableness and practicality of the proposed funeral arrangements and disposition;

(2) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition;

(3) The desires of the person who is ready, able and willing to pay the cost of the funeral arrangements and disposition;

(4) The convenience and needs of other families and friends wishing to pay respects;

(5) The desires of the decedent; and

(6) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Tennessee Code Title 62. Professions, Businesses and Trades § 62-5-705 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-62-professions-businesses-and-trades/tn-code-sect-62-5-705/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard