What This Statute Says
Arizona law respects the deceased person's wishes about what happens to their body. The statute creates a clear duty on the person responsible for burial: follow the decedent's wishes if you know them.
If the person on whom the duty of burial is imposed pursuant to section 36-831 is aware of the decedent's wishes regarding the disposition of his remains, that person shall comply with those wishes if they are reasonable and do not impose an economic or emotional hardship.
A.R.S. § 36-831.01(A)Two qualifications matter. The wishes must be reasonable. They must not impose economic or emotional hardship on the family. A request for an elaborate ceremony far beyond what the estate can afford may not qualify. A specific choice between cremation and burial, on the other hand, almost always does.
Protection for Funeral Establishments
Subsection B shields funeral homes, crematories, and cemeteries when they follow proper instructions in good faith:
No funeral establishment or crematory licensed pursuant to title 32, chapter 12 or 20 or a cemetery certified under title 32, chapter 20, that relies in good faith upon the instructions for disposition of a body given by the person authorized pursuant to section 36-831 shall be subject to civil liability.
A.R.S. § 36-831.01(B)This protection is significant. It allows funeral professionals to act on the family's instructions without fearing that a later family dispute will land them in court. The protection requires good faith reliance and proper authorization under 36-831.
When This Statute Comes Into Play
This rule shows up in three difficult moments:
- A family disagrees about whether to bury or cremate. If the deceased clearly expressed a preference, the responsible person must follow it.
- A family wants to choose a different funeral provider than the one mentioned by the deceased. The wishes statute lets reasonable preferences guide the decision.
- A funeral establishment receives instructions from a person it believes is authorized. The good-faith shield protects the establishment from later second-guessing.
What This Means for Arizona Families
Decisions about disposition of remains are intensely personal and often emotional. This statute gives families an anchor: the wishes of the deceased, when known, control. That clarity can prevent painful disagreements at the worst possible moment.
The practical implication for everyone working on an estate plan is direct. Tell your family what you want. Write it down. Sign a separate written authorization for disposition of remains under A.R.S. 36-831. Name the person you want to make these decisions if your spouse cannot or will not. Without that documentation, the default hierarchy in A.R.S. 36-831 governs, which may not reflect your actual preferences.
For families who find themselves in this position without prior planning, the law still provides guidance. If you know what your loved one wanted, even informally, the duty to follow those wishes is the controlling principle. Funeral establishments will work with you to follow proper procedures. Our FAQ on organizing your estate planning documents includes practical advice on documenting these decisions. A complete estate plan includes a clear written statement of disposition wishes alongside the will, trust, healthcare power of attorney, and other core documents like the healthcare directive.