Who is the Funeral Representative

Funeral representative

It is important to have one individual designated as the funeral representative. This helps a funeral to proceed smoothly. The representative may be determined by the decedent or the surviving family.

Funeral directive

Some states allow a legal funeral plan referred to as a funeral directive. A funeral directive must be followed to the extent possible. To execute the funeral directive, the decedent must have left sufficient and accessible funds.

The decedent may have pre-paid for a funeral through a commercial funeral provider – i.e. a funeral home or a crematorium. Pre-payment is associated with a plan which may be construed as a directive.

Legal representative

In some states, it is possible to designate a legal representative or agent to represent the decedent. This is the equivalent of a Power-of-Attorney for funeral execution. Note that a funeral agent differs from an estate executor.  An executor is granted by the court when probate is required.

In the event that no agent has been designated or the state doesn’t recognize an agent, the state’s succession laws will dictate who can make decisions on behalf of the decedent. The laws will be the state’s definition of “next-of-kin”.

The legal representative serves as a proxy for the decedent. The legal representative ensures that any directive is followed to the extent possible. The legal representative may also have to make decisions for the decedent.