Legal Question in Wills and Trusts in Pennsylvania

No. You may have a right to possession of the body but I don't think you have a respnsibility to take it. You may have a responsibility to pay, however.

"6A.10.020

6A-1

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CHAPTER 6A.10

DISPOSITION OF HUMAN REMAINS

SECTIONS:

6A.10.010

Purpose

6A.10.020

Definitions

6A.10.030

Administration

6A.10.040

Reporting Requirements

6A.10.050

Notification of Next of Kin and of Other

Interested Parties

6A.10.060

Acceptance of County Responsibility

6A.10.070

County Policy on Disposition

6A.10.080

Disposition of the Cremated Remains

6A.10.090

Disposition of Remains

6A.10.100

Payment of Costs Incurred

6A.10.110

Recoupment of County Expenses

6A.10.120

Exceptions

6A.10.130

Grievance - Opportunity of Hearing

6A.10.010 PURPOSE. The purpose of this chapter is to protect

and preserve the health and welfare of the general public by

providing for the decent burial or cremation of human remains of a

person who dies within the County and whose remains are unclaimed

pursuant to RCW 36.39.030 which services prior to July 1, 1993 were

provided by the State of Washington.

[Ord. 259 (1994) ' 2; Ord. 259 (1994) ' 3]

6A.10.020 DEFINITIONS. The following terms, as used in this

chapter, shall mean:

(a) "Cremated Remains" means a human body after cremation in a

crematory.

(b) "Cremation" means the reduction of the body of a deceased

person in a crematory in such manner so that any remaining particle

does not exceed five millimeters.

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6A.10.040

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(c) "Decedent" means a deceased individual.

(d)

"Disposition" includes necessary costs of a burial and

cemetery plot or cremation and disposition site and all services

related to interment and the minimal marking of a grave.

(e) "Human Remains" or "Remains" means the body of a deceased

person including the body in any stage of decomposition except

cremated remains.

(f) "Indigent" means a person who has no resources from which

disposal of the remains can be paid.

(g)

"Interment" means the disposition of human remains by

cremation or burial.

(h) "Transportation" shall mean transport of a body from the place

of death to mortuary and transportation to place of disposition.

(i)

"Unclaimed" means no living relatives pursuant to RCW

36.39.030 are located to claim the remains.

[Ord. 259 (1994) ' 2; Ord. 259 (1994) ' 4]

6A.10.030 ADMINISTRATION. The County Coroner shall have the

primary responsibility for the administration of this chapter and

shall report to the Board of County Commissioners periodically on

instances suggesting the need for clarification or revision of the

procedures specified by this chapter. The County Auditor, Sheriff

and Prosecuting Attorney shall assist the County Coroner in the

discharge of the County's responsibilities under this chapter.

[Ord. 259 (1994) ' 2; Ord. 259 (1994) ' 5]

6A.10.040 REPORTING REQUIREMENTS. Any person knowing of or

in possession of human remains suggesting that no one has assumed

responsibility for them must report their findings immediately to

the County Coroner. RCW 68.50.020. The County Coroner will assume

jurisdiction over the remains and conduct a thorough investigation

of the circumstances surrounding the death.

If the person

reporting has custody of the remains, that person shall complete

the form designed and made available by the County Coroner to the

best of that person's ability and provide it to the County Coroner.

Such form shall be essentially like the form attached hereto and

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6A.10.070

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hereinafter referred to as "Exhibit A."

[Ord. 259 (1994) ' 2; Ord. 259 (1994) ' 6]

6A.10.050 NOTIFICATION OF NEXT OF KIN AND OF OTHER INTERESTED

PARTIES. The County Coroner shall, upon receipt of notification of

a deceased person, attempt to notify relatives of the death. If

relatives do not exist, the County Coroner shall notify friends or

religious organizations who may desire to claim the remains and

provide for disposition.

If it is determined that the decedent did not make any

prearrangements, or the costs of executing the decedent's remains

exceeds a reasonable amount, or directions were not given by the

decedent, the right to control the disposition of the remains of a

deceased person vests in, and the duty of disposition and the

liability for the reasonable cost of preparation, care, and

disposition of such remains devolves upon the following in the

order named:

(a) The surviving spouse.

(b) The surviving adult children of the decedent.

(c) The surviving parents of the decedent.

(d) The surviving siblings of the decedent.

(e) A person acting as a representative of the decedent

under the signed authorization of the decedent."