ILCS » Chapter 755 · Act 65
Illinois Compiled Statutes

755 ILCS 65/5 (2026)

Right to control disposition; priority

✓ current as of May 2026
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(755 ILCS 65/5)
    Sec. 5. Right to control disposition; priority. Unless a decedent has left directions in writing for the disposition or designated an agent to direct the disposition of the decedent's remains as provided in Section 65 of the Crematory Regulation Act or in subsection (a) of Section 40 of this Act, the following persons, in the priority listed, have the right to control the disposition, including cremation, of the decedent's remains and are liable for the reasonable costs of the disposition:
        (1) the person designated in a written instrument
    
that satisfies the provisions of Sections 10 and 15 of this Act;
        (2) any person serving as executor or legal
    
representative of the decedent's estate and acting according to the decedent's written instructions contained in the decedent's will;
        (3) the individual who was the spouse of the decedent
    
at the time of the decedent's death;
        (4) the sole surviving competent adult child of the
    
decedent, or if there is more than one surviving competent adult child of the decedent, the majority of the surviving competent adult children; however, less than one-half of the surviving adult children shall be vested with the rights and duties of this Section if they have used reasonable efforts to notify all other surviving competent adult children of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving competent adult children;
        (5) the surviving competent parents of the decedent;
    
if one of the surviving competent parents is absent, the remaining competent parent shall be vested with the rights and duties of this Act after reasonable efforts have been unsuccessful in locating the absent surviving competent parent;
        (6) the surviving competent adult person or persons
    
respectively in the next degrees of kindred or, if there is more than one surviving competent adult person of the same degree of kindred, the majority of those persons; less than the majority of surviving competent adult persons of the same degree of kindred shall be vested with the rights and duties of this Act if those persons have used reasonable efforts to notify all other surviving competent adult persons of the same degree of kindred of their instructions and are not aware of any opposition to those instructions on the part of one-half or more of all surviving competent adult persons of the same degree of kindred;
        (6.5) any recognized religious, civic, community, or
    
fraternal organization willing to assume legal and financial responsibility;
        (7) in the case of indigents or any other individuals
    
whose final disposition is the responsibility of the State or any of its instrumentalities, a public administrator, medical examiner, coroner, State appointed guardian, or any other public official charged with arranging the final disposition of the decedent;
        (8) in the case of individuals who have donated their
    
bodies to science, or whose death occurred in a nursing home or other private institution and the institution is charged with making arrangements for the final disposition of the decedent, a representative of the institution; or
        (9) any other person or organization that is willing
    
to assume legal and financial responsibility.
    As used in Section, "adult" means any individual who has reached his or her eighteenth birthday.
    Notwithstanding provisions to the contrary, in the case of decedents who die while serving as members of the United States Armed Forces, the Illinois National Guard, or the United States Reserve Forces, as defined in Section 1481 of Title 10 of the United States Code, and who have executed the required U.S. Department of Defense Record of Emergency Data Form (DD Form 93), or successor form, the person designated in such form to direct disposition of the decedent's remains shall have the right to control the disposition, including cremation, of the decedent's remains.
(Source: P.A. 100-526, eff. 6-1-18.)

    
Notes of Decisions
Cited in 13 cases (5 in the last 5 years), 2011–2026 · leading case: Coley v. Bradshaw & Range Funeral Home, P.C., 2020 IL App (2d) 190627 (Ill. App. Ct. 2020).
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Coley v. Bradshaw & Range Funeral Home, P.C., 2020 IL App (2d) 190627 (Ill. App. Ct. 2020). · cites it 4× “Therefore, Bradshaw clearly knew that it had an obligation to make reasonable efforts to locate Coley, under -4- 2020 IL App (2d) 190627 section 5 of the Remains Act (755 ILCS 65/5 (West 2014)), which it did not do.”
In re Est. of Sperry, 2017 IL App (3d) 150703 (Ill. App. Ct. 2018). · cites it 4× “¶6 In the petition, Matthew further alleged that, pursuant to the Disposition of Remains Act (755 ILCS 65/5 (West 2012)), he, as the independent administrator of Anne’s estate, had the authority to control Anne’s remains because Anne left no written direction on the matter, she…”
Carlson v. Glueckert Funeral Home, Ltd., 943 N.E.2d 237 (Ill. App. Ct. 2011). · cites it 4× “Although the circuit court referenced only section 1 of the Act— the short title provision — in its order, it is apparent from the structure of the statute that the court relied on section 50, which states: “Any dispute among any of the persons listed in Section 5 [(755 ILCS…”
Taliani v. Lisa Resurreccion, 2018 IL App (3d) 160327 (Ill. App. Ct. 2018). “In addition, although plaintiff claims that such a cause of action is implied or inferred in the Funeral Directors and Embalmers Licensing Code ( 225 ILCS 41/1-5 (West 2010) ), the Disposition of Remains Act ( 755 ILCS 65/5, 45, 50 (West 2010) ), and the disorderly conduct…”
Sperry v. Spencer (In Re Est. of Sperry), 2017 IL App (3d) 150703 (Ill. App. Ct. 2017). · cites it 5× “¶ 6 In the petition, Matthew further alleged that, pursuant to the Disposition of Remains Act ( 755 ILCS 65/5 (West 2012) ), he, as the independent administrator of Anne's estate, had the authority to control Anne's remains because Anne left no written direction on the matter,…”
In re Est. of Nocchi, 2023 IL App (2d) 220124 (Ill. App. Ct. 2023). · cites it 3× “Petitioner, Rebecca Nocchi, decedent’s widow, contends that, as executor of decedent’s estate, she is entitled to such control under section 5 of the Disposition of Remains Act (Act) (755 ILCS 65/5 (West 2020)). Respondent, Joshua Nocchi, who is decedent’s and Rebecca’s son,…”
Coley v. Bradshaw & Range Funeral Home, P.C., 2020 IL App (2d) 190627 (Ill. App. Ct. 2020). · cites it 3× “The Disposition of Remains Act ¶ 19 Section 5 of the Remains Act (755 ILCS 65/5 (West 2014)) sets forth a list of individuals who have the right to dispose of a decedent’s remains, prioritizing such individuals in the following order: any individual designated by the decedent in…”
In re Est. of Sperry, 2017 IL App (3d) 150703 (Ill. App. Ct. 2017). · cites it 5× “¶ 6 In the petition, Matthew further alleged that, pursuant to the Disposition of Remains Act (755 ILCS 65/5 (West 2012)), he, as the independent administrator of Anne’s estate, had the authority to control Anne’s remains because Anne left no written direction on the matter, she…”
S.E. v. BMO Harris Bank Nat'l Ass'n, 2025 IL App (2d) 240311 (Ill. App. Ct. 2025). “- 17 - 2025 IL App (2d) 240311 within the law to change his beneficiaries and to decide how his late wife’s headstone would read (see 755 ILCS 65/5 (West 2022) (disposition of decedent’s remains is prerogative of surviving spouse unless decedent has left directions in writing);…”
D'Agnolo v. Catholic Cemetery Ass'n of Peoria, 2026 IL App (4th) 250350 (Ill. App. Ct. 2026). · cites it 5× “In an unpublished order, this court allowed the motion as to the following question: “Whether a provision in a burial easement agreement that prohibits disinterment from a grave without the written permission of the easement owner conflicts with Section 5 of the [Remains Act]…”
Betts v. Boone Cnty. (N.D. Ill. 2024). · cites it 2× “2017), and 755 ILCS 65/5 (providing “a right to control disposition”).”
Carlson v. Glueckert Funeral (Ill. App. Ct. 2011). · cites it 3× “Although the circuit court referenced only section 1 of the Act - the short title provision - in its order, it is apparent from the structure of the statute that the court relied on section 50, which states: “Any dispute among any of the persons listed in Section 5 [(755 ILCS…”
Show all 13 citing cases →
— 755 ILCS 65/5(1) — 2 cases
Carlson v. Glueckert Funeral Home, Ltd., 943 N.E.2d 237 (Ill. App. Ct. 2011). “Although the circuit court referenced only section 1 of the Act— the short title provision — in its order, it is apparent from the structure of the statute that the court relied on section 50, which states: “Any dispute among any of the persons listed in Section 5 [(755 ILCS…”
Carlson v. Glueckert Funeral (Ill. App. Ct. 2011). “Although the circuit court referenced only section 1 of the Act - the short title provision - in its order, it is apparent from the structure of the statute that the court relied on section 50, which states: “Any dispute among any of the persons listed in Section 5 [(755 ILCS…”
— 755 ILCS 65/5(2) — 1 case
In re Est. of Nocchi, 2023 IL App (2d) 220124 (Ill. App. Ct. 2023). “Petitioner, Rebecca Nocchi, decedent’s widow, contends that, as executor of decedent’s estate, she is entitled to such control under section 5 of the Disposition of Remains Act (Act) (755 ILCS 65/5 (West 2020)). Respondent, Joshua Nocchi, who is decedent’s and Rebecca’s son,…”
— 755 ILCS 65/5(4) — 3 cases
Coley v. Bradshaw & Range Funeral Home, P.C., 2020 IL App (2d) 190627 (Ill. App. Ct. 2020). “Therefore, Bradshaw clearly knew that it had an obligation to make reasonable efforts to locate Coley, under -4- 2020 IL App (2d) 190627 section 5 of the Remains Act (755 ILCS 65/5 (West 2014)), which it did not do.”
Carlson v. Glueckert Funeral Home, Ltd., 943 N.E.2d 237 (Ill. App. Ct. 2011). “Although the circuit court referenced only section 1 of the Act— the short title provision — in its order, it is apparent from the structure of the statute that the court relied on section 50, which states: “Any dispute among any of the persons listed in Section 5 [(755 ILCS…”
Coley v. Bradshaw & Range Funeral Home, P.C., 2020 IL App (2d) 190627 (Ill. App. Ct. 2020). “The Disposition of Remains Act ¶ 19 Section 5 of the Remains Act (755 ILCS 65/5 (West 2014)) sets forth a list of individuals who have the right to dispose of a decedent’s remains, prioritizing such individuals in the following order: any individual designated by the decedent in…”
— 755 ILCS 65/5(5) — 3 cases
Coley v. Bradshaw & Range Funeral Home, P.C., 2020 IL App (2d) 190627 (Ill. App. Ct. 2020). “Therefore, Bradshaw clearly knew that it had an obligation to make reasonable efforts to locate Coley, under -4- 2020 IL App (2d) 190627 section 5 of the Remains Act (755 ILCS 65/5 (West 2014)), which it did not do.”
Coley v. Bradshaw & Range Funeral Home, P.C., 2020 IL App (2d) 190627 (Ill. App. Ct. 2020). “The Disposition of Remains Act ¶ 19 Section 5 of the Remains Act (755 ILCS 65/5 (West 2014)) sets forth a list of individuals who have the right to dispose of a decedent’s remains, prioritizing such individuals in the following order: any individual designated by the decedent in…”
Betts v. Boone Cnty. (N.D. Ill. 2024). “2017), and 755 ILCS 65/5 (providing “a right to control disposition”).”
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