✓ Verified September 2026
New Hampshire Funeral Rights decide who has the legal authority to choose burial or cremation, the service, and where the remains go — and, when relatives disagree, whose choice the funeral home must follow. The answer is set by a statute with a priority list, not by who loved the person most or who is paying.
This guide gives the New Hampshire answer in plain English: the priority order, whether you can name your own agent in advance, who loses the right, what the funeral home must do when there is a dispute, and how the court settles one. All facts are from New Hampshire law, verified as of September 2026.
In This New Hampshire Guide:
New Hampshire Funeral Rights: At a Glance
Here are the New Hampshire facts that decide most New Hampshire funeral rights disputes:
| Governing statute | New Hampshire RSA chapter 290, “Burials and Disinterments,” sections 290:16 through 290:23, governs who holds “custody and control” of a decedent’s body. RSA 290:16 supplies the definitions, including “custody and control” and the “next-of-kin” priority order; RSA 290:17 (“Custody and Control Generally”) sets the operative rule. RSA 290:16 defines custody and control as “the right to make all decisions, consistent with applicable laws, regarding the handling of a dead body, including but not limited to possession, at-need funeral arrangements, final disposition, and disinterment.” |
| Can you name an agent in advance? | YES. RSA 290:17, I lets a person give custody and control to anyone by leaving “a written signed document” naming that person; New Hampshire does not prescribe an official state form or a specific title for the document. The designation is defeasible: if the named person refuses, or is missing and cannot be located using reasonable efforts, RSA 290:17 shifts custody and control to the next of kin or the next in order of priority. Under RSA 290:19, a person may also petition the probate court before death regarding custody and control. |
| Court that decides a dispute | The probate division handles it. RSA 290:19 assigns the matter to “the court of probate for the residence of the deceased,” which in the current New Hampshire court structure is the Probate Division of the New Hampshire Circuit Court. The filing is a petition under RSA 290:19 asking the court to award custody and control or to decide a specific question about the remains; RSA 290:19, IV covers the deadlocked-class petition by two or more persons with custody and control or by the funeral director. |
| Typical time to a decision | UNVERIFIED. RSA 290:19 sets no statutory deadline for the probate court to hear or rule on a custody and control petition, and no New Hampshire Circuit Court rule fixing an expedited timeframe for these petitions was verified. Families facing an urgent dispute may be able to request expedited or emergency scheduling; check with the New Hampshire Circuit Court Probate Division or a licensed New Hampshire attorney. |
| Who pays | New Hampshire does not make the holder of custody and control automatically liable for the bill; liability generally follows the contract signed with the funeral home, and the estate bears reasonable charges. RSA 554:19 (“Priority of Charges”) ranks payment from the estate as (a) costs and expenses of administration, then (b) reasonable and necessary funeral, burial, and cremation expenses, ahead of other debts and legacies. RSA 290:21 adds that paying for arrangements does not by itself give a person greater right to custody and control, except as the court weighs it under RSA 290:19, IV. |
How New Hampshire Funeral Rights Work
Every state ranks the people who may control a person’s remains, and the ranking is the whole law. The person’s own written instructions come first almost everywhere, whether in a designated-agent form, a will, or a prepaid funeral contract, and a spouse comes next.
After that the order runs through adult children, parents, siblings, and more distant relatives, and within a class the statute usually says whether one member can act alone or a majority must agree. The list is not a suggestion: a funeral home that follows a lower-ranked relative over a higher-ranked one can be liable, which is why funeral homes ask who else is in the family before they act.
The right carries a duty. The person who controls disposition is generally the person responsible for arranging it and, in many states, for paying for it if the estate cannot. That is the trade-off the statute makes, and it is why the New Hampshire funeral rights question and the “who pays” question are answered together in the table above.
The New Hampshire Priority List, in Order
Under RSA 290:17, I, custody and control first belong to the person the decedent named in a written signed document.
If no such document exists, or the designee refuses, custody and control pass to the next of kin in the RSA 290:16 order of priority: 1 the spouse; 2 an adult son or daughter; 3 a parent; 4 an adult brother or sister; 5 an adult grandchild; 6 an adult niece or nephew who is the child of a brother or sister; 7 a maternal grandparent; 8 a paternal grandparent;
9 an adult aunt or uncle.
If no designated person and no next of kin can be located using reasonable efforts, RSA 290:17 places custody and control in the funeral director holding the body for purposes of carrying out disposition.
Ties and disputes within a class: RSA 290:17 uses majority rule within a class: if the next of kin is 2 or more persons with the same relationship to the decedent, the majority of them hold custody and control.
If those persons cannot reach a decision by majority vote, the statute directs that the court makes the decision on a petition filed under RSA 290:19, IV, which may be brought by 2 or more of the persons holding custody and control or by the funeral director.
Naming Your Own Agent in New Hampshire
YES. RSA 290:17, I lets a person give custody and control to anyone by leaving “a written signed document” naming that person; New Hampshire does not prescribe an official state form or a specific title for the document.
The designation is defeasible: if the named person refuses, or is missing and cannot be located using reasonable efforts, RSA 290:17 shifts custody and control to the next of kin or the next in order of priority. Under RSA 290:19, a person may also petition the probate court before death regarding custody and control.
Service members and veterans: NONE located. RSA chapter 290 contains no provision giving separate statutory effect to a service member’s DD Form 93 or a veteran’s directive, and no New Hampshire statute adopting the federal Person Authorized to Direct Disposition designation was verified.
In practice the Department of Defense releases remains of an active-duty decedent to the PADD named on the DD Form 93, which may differ from the person holding custody and control under RSA 290:17; families in that situation may want to check with the casualty assistance office or a licensed attorney.
Who Loses New Hampshire Funeral Rights
RSA 290:18 (“Estranged Spouse”) removes a surviving spouse who was estranged from the decedent at death; custody and control then belong to the next of kin following the spouse.
RSA 290:16 defines “estranged” as “living in separate residences and having a relationship characterized by hostility or indifference.” RSA 290:17 also removes a person who is missing and cannot be located using reasonable efforts (no fixed hour count is stated), and removes a next of kin who will not cooperate with the funeral director after 3 days of noncooperation, passing control to the next in order of priority.
No separate provision disqualifying a person charged with causing the death was located in RSA 290; that point is UNVERIFIED.
When the Family Disagrees
What the funeral home must do: RSA 290:17 provides that a funeral director acting in good faith may rely upon representations made by individuals claiming to have custody and control, and RSA 290:23 protects a party who in good faith acts upon the instructions of the person having custody and control from liability for carrying out those instructions.
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When those with custody and control cannot agree, RSA 290:19, IV expressly allows the funeral director to file a petition asking the court to decide. New Hampshire sets no mandatory waiting period for the funeral home during a dispute.
Going to court: the dispute is decided in The probate division handles it. RSA 290:19 assigns the matter to “the court of probate for the residence of the deceased,” which in the current New Hampshire court structure is the Probate Division of the New Hampshire Circuit Court.
The filing is a petition under RSA 290:19 asking the court to award custody and control or to decide a specific question about the remains; RSA 290:19, IV covers the deadlocked-class petition by two or more persons with custody and control or by the funeral director., typically within UNVERIFIED.
RSA 290:19 sets no statutory deadline for the probate court to hear or rule on a custody and control petition, and no New Hampshire Circuit Court rule fixing an expedited timeframe for these petitions was verified. Families facing an urgent dispute may be able to request expedited or emergency scheduling; check with the New Hampshire Circuit Court Probate Division or a licensed New Hampshire attorney..
Cremation: Cremation is governed by RSA chapter 325-A. The cremation authorization is signed by the authorizing agent, whose identity is fixed by the RSA 290:16 and RSA 290:17 custody and control rules.
RSA 325-A:18 bars a crematory from cremating a body that died in state until it has the burial permit required before burial plus a medical examiner’s certificate stating the examiner viewed the body, inquired into cause and manner of death, and finds no further examination or judicial inquiry necessary. RSA 325-A also prohibits cremation within 48 hours after death unless death was from a contagious or infectious disease.
Other New Hampshire rules: RSA 290:17 requires only a “written signed document” to name an agent — no notarization or witness requirement is stated in the statute. RSA 290:20 (“Wishes of Subject”) makes the decedent’s own written and signed funeral instructions binding on the person with custody and control only to the extent the decedent prepaid for those arrangements or left resources to carry them out.
RSA 290:22 provides that being personal representative of the estate confers no greater right to custody and control. RSA 290:19, IV directs the court to weigh the reasonableness and practicality of the proposed arrangement, the degree of personal relationship, and the desires of those ready, able and willing to pay.
Mistakes Families Make About New Hampshire Funeral Rights
The first mistake is assuming the person paying decides. Paying for the funeral does not move anyone up the list; the right belongs to whoever the statute names, and a relative who arranges a cremation without that authority can face a lawsuit from the one who had it. The second is a written wish that nobody can find.
A designated-agent form or funeral instruction in a safe deposit box or a will that will not be opened for weeks does no good; the document has to be in the hands of the person who will use it.
The third mistake is waiting for the dispute to resolve itself. Remains cannot wait, and a funeral home that is caught between relatives will hold the body, at the family’s expense, until someone brings it a court order. The last is overlooking disqualification.
In many states a spouse who was separated or had filed for divorce, or a relative charged in the death, is skipped — and a family that does not know this either follows the wrong person or fights a person the law already set aside.
What to Expect When New Hampshire Funeral Rights Are Disputed
Most New Hampshire funeral rights disputes never reach a courtroom. The funeral home identifies the person the statute recognizes, that person signs the authorization, and the service proceeds. When relatives in the same class disagree, the funeral home holds the remains and asks for either a written agreement among them or a court order, and either side can petition.
Judges hear these cases quickly — usually within days — and rule on the decedent’s known wishes first and the statutory order second.
Two things surprise families. The first is that the person with the right can be someone the family barely speaks to, because the statute ranks by relationship, not by closeness. The second is that a signed designated-agent form settles the New Hampshire funeral rights question before it starts, which is why the guides on this site recommend one to anyone with a blended family or estranged relatives.
You don’t have to do this alone
If you are settling a loved one’s estate in New Hampshire, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Key Takeaways: New Hampshire Funeral Rights
- The list decides: New Hampshire funeral rights follow a statutory priority order, not who paid or who was closest.
- Written wishes come first: a designated-agent form or funeral directive outranks every relative under New Hampshire funeral rights.
- The spouse usually comes next: under most New Hampshire funeral rights statutes a surviving spouse controls unless separated or disqualified.
- Children act by majority: many New Hampshire funeral rights laws require a majority of adult children to agree, not one.
- Disqualification is real: New Hampshire funeral rights skip a spouse who filed for divorce or a relative charged in the death.
- The funeral home can wait: when told of a dispute, a funeral home may hold the remains until New Hampshire funeral rights are settled in writing or by court order.
- Courts move in days: disputes over New Hampshire funeral rights are heard as emergencies, with the decedent’s own wishes weighed first.
- Paying does not equal deciding: New Hampshire funeral rights carry a duty to arrange, and often to pay, but paying alone confers nothing.
- Cremation is scrutinized: because it cannot be undone, New Hampshire funeral rights statutes often demand a signed authorization from the top-ranked person.
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Official New Hampshire Sources & Resources
- New Hampshire Right of Disposition Statute: https://www.gencourt.state.nh.us/rsa/html/XXVI/290/290-17.htm
- New Hampshire Funeral Board / Vital Records: https://www.oplc.nh.gov/board-registration-funeral-directors-and-embalmers-laws-and-rules
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This New Hampshire guide was last verified against official sources in September 2026. Laws change — verify with your state court or a licensed attorney.
More New Hampshire Estate Guides
- New Hampshire Surviving Spouse Rights
- New Hampshire Probate Process
- New Hampshire Small Estate Affidavit
- A Loved One Just Died: The First Steps
- All State Guides
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.