A. A funeral service licensee may require that a person claiming next of kin status, in accordance with the definition of next of kin in § 54.1-2800, execute a document affirming that such person is the next of kin. Upon execution of this form, the funeral service licensee is exempt from any liability for allowing such person to proceed with funeral planning for the decedent.

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Terms Used In Virginia Code 54.1-2807.03

  • Decedent: A deceased person.
  • Funeral service licensee: means a person who is licensed in the practice of funeral services. See Virginia Code 54.1-2800
  • Next of kin: means any of the following persons, regardless of the relationship to the decedent: any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to § Virginia Code 54.1-2800
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230

B. A funeral service licensee may, as a part of affirming that such person is next of kin under this section, rely on the decedent’s will that names such person as the individual the decedent wishes to serve as next of kin for making funeral and burial arrangements, regardless of whether the will has been probated.

2024, c. 200.