South Dakota Codified Laws 34-26-75. Disposition of remains–Control–Right and duty
Except as provided in §§ 34-26-74 and 34-26-76, the right and the duty to control the disposition of a decedent‘s remains, including the location, manner, and conditions of disposition, and arrangements for the provision of funeral goods and services, vests in the following, in the order named, provided the person is eighteen years or older and is of sound mind:
(1) A person designated by the decedent, in accordance with § 34-26-77;
Terms Used In South Dakota Codified Laws 34-26-75
- Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) A person designated in the federal Record of Emergency Date Form DD 93 or its successor form, by a member of the military who dies while under active-duty orders, as described in 10 U.S.C. § 1481, in effect on January 1, 2022;
(3) The decedent’s spouse;
(4) The child of the decedent or the majority of the decedent’s children, provided that a lesser number must suffice if they have made reasonable efforts to notify the other children of their instructions and are not aware of any opposition on the part of the majority;
(5) The parents of the decedent or one parent of the decedent, if reasonable efforts to locate the other parent have been unsuccessful;
(6) The sibling of the decedent or the majority of the decedent’s siblings, provided that a lesser number must suffice if they have made reasonable efforts to notify the other siblings of their instructions and are not aware of any opposition on the part of the majority;
(7) The grandparent of the decedent or the majority of the decedent’s grandparents, provided that a lesser number must suffice if they have made reasonable efforts to notify the other grandparents of their instructions and are not aware of any opposition on the part of the majority;
(8) The person named as personal representative in the decedent’s last will and testament;
(9) The decedent’s guardian at the time of the decedent’s death, if one had been appointed;
(10) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution, provided if there is more than one person of the same degree, any person of that degree may control the disposition;
(11) The public officer, administrator, or employee responsible for final dispositions, if the decedent was the responsibility of the state or a political subdivision of this state; or
(12) Any other willing person, including the funeral director with custody of the body, provided the person attests that reasonable efforts have been made to contact other persons listed in this section.
For the purposes of this section, the right and the duty to control disposition includes providing authorization for a cremation.
Source: SL 2022, ch 113, § 2; SL 2023, ch 128, § 1; SL 2023, ch 129, § 1.