The Short Answer

Under Florida law, a surviving spouse will often have priority to control funeral and disposition decisions, but the analysis can change if the deceased left written instructions (for example, a signed cremation directive) or if there is a family dispute that ends up in court. In many situations, the fastest way to prevent conflict or delays with a funeral home is to have an attorney confirm who has legal authority and, if needed, seek a court order.

What Florida Law Says

Florida recognizes that written instructions signed by the decedent about their body and funeral/burial arrangements can be carried out even before a probate court appoints a personal representative. In other words, the decedent’s written directions can control, and people who rely on those directions may have legal protections.

The Statute

The primary law governing this issue is Fla. Stat. § 732.804.

This statute establishes that, before letters of administration are issued, any person may carry out the decedent’s written instructions regarding the body and funeral/burial arrangements, and that cremation performed pursuant to a written direction signed by the decedent can be a complete defense for those who relied on it.

For cremation-related decisions, Florida’s funeral and cemetery laws also require written authorization from the legally authorized person contracting for cremation services. See Fla. Stat. § 497.607.

If you are dealing with a spouse’s death and related estate issues, you may also find helpful background here: How Do I Find My Deceased Spouse’s Bank Accounts and Assets in Florida? and Does Joint Ownership Between Spouses Change Who Inherits the Property in Florida?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Funeral homes and crematories typically require prompt written authorization, and disputes can delay services and increase costs.
• Burden of Proof: If family members disagree, the key issue often becomes proving what the decedent actually wanted (and whether there is a valid signed writing that controls).
• Exceptions: If there is no clear written direction, or there are competing claims of authority (spouse vs. adult children, estranged spouse, pending divorce, etc.), the dispute may require court involvement and emergency relief.

Trying to handle this alone can lead to delays, conflict with the funeral provider, or litigation—especially when cremation or relocation of remains is involved. A probate attorney can quickly assess the controlling documents, communicate with the funeral home, and seek a court order if necessary.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.