When someone passes away, one of the first legal steps required before cremation can take place is obtaining the proper authorization. This process ensures that the person arranging cremation has the legal right to do so—and protects families and providers alike.
At Western Cremation Alliance, we make this process as simple as possible, but it’s still important to understand who can legally authorize cremation.
Why Is Cremation Authorization Required?
Unlike burial, cremation is irreversible. Because of this, most states—including Washington and Oregon—require written authorization before it can proceed. This legal form must be signed by the person who holds the legal right to control final disposition. Without it, cremation cannot legally take place.
The Legal Order of Next of Kin
Washington and Oregon both follow a similar hierarchy of legal authority, which determines who can authorize cremation:
- Designated Agent (if named in a written directive)
- Spouse or State-Registered Domestic Partner
- Adult Children (majority required if more than one)
- Parents
- Adult Siblings
- Adult Grandchildren
- Grandparents
- Legal Guardian or Conservator
- Other Next of Kin
- Public Official or Court Order
If multiple people are at the same level (e.g., three adult children), a majority must sign the cremation authorization form.
What If There’s a Disagreement or No Known Relatives?
If family members disagree about cremation, services cannot proceed until a resolution is reached or a court intervenes. In the absence of any known next of kin, a public official (such as a coroner or medical examiner) may be authorized to sign.
Can the Decedent Authorize Their Own Cremation?
Yes. If the person completed a Disposition Authorization Form during life, that takes legal precedence over next of kin. While Western Cremation Alliance does not offer preneed services, we honor valid pre-existing directives.
What Documentation Is Required?
To authorize cremation, we provide a Cremation Authorization Form that must be:
- Signed by the legally authorized person or persons
- Returned to us by email or fax
We keep the process simple and fully remote so families can focus on what matters most.
Let Us Help You Understand Your Role
You don’t need to navigate this alone. At Western Cremation Alliance, we’re here 24/7 to help you determine who can legally authorize cremation and guide you through the process.
Have questions or need to start the paperwork?
Call us anytime or begin arrangements online.
