The Short Answer

In Pennsylvania, if the deceased was married, the surviving spouse generally has the sole legal authority to decide funeral arrangements and the final disposition of the remains. That authority can be challenged only in limited situations—such as enduring estrangement, incompetence, a clearly expressed contrary intent by the decedent, or a waiver/agreement.

What Pennsylvania Law Says

Pennsylvania has a specific statute that controls who has the right to make decisions about a decedent’s remains. The law starts with the decedent’s own valid directions (including certain written directions and anatomical gift rules). If there are no controlling directions, the statute gives decision-making priority to the surviving spouse, and only then to next of kin.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 305 (Right to dispose of a decedent's remains).

This statute establishes that, absent proof by clear and convincing evidence of certain disqualifying circumstances, a surviving spouse has the sole authority over disposition decisions for a deceased spouse’s remains. See 20 Pa.C.S. § 305(b).

For additional context on family priority issues after a death, you may also find helpful: Who is considered “next of kin” in Pennsylvania?

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: If someone wants to challenge the spouse’s authority (for example, alleging enduring estrangement or contrary intent), the statute includes a tight timeline that can trigger court involvement and delay disposition. See 20 Pa.C.S. § 305(d).
• Burden of Proof: Challenges must be proven by clear and convincing evidence, which is a high evidentiary standard and often turns on documents, witnesses, and credibility. See 20 Pa.C.S. § 305(b).
• Exceptions: “Enduring estrangement” and “contrary intent” have specific statutory meanings, and disputes can escalate quickly—sometimes requiring emergency court orders and coordination with a funeral home. See 20 Pa.C.S. § 305(e).

When families disagree, the wrong move can create delays, added costs, and even litigation. A probate attorney can quickly evaluate who has legal authority, whether an exception applies, and what court relief may be available if there is a dispute.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania 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.