§ 5230

Rights of funeral director or operator of a disposition facility A funeral director or disposition facility operator may determine the permanent disposition of remains and may file a civil action in Probate Division of the Superior Court against a person, estate, banking institution, governmental agency, or other entity that may have liability for the permanent disposition, either: (1) to seek a declaratory judgment that the director’s or operator’s proposed action would be in compliance with the applicable provisions of law; or (2) to seek a judgment that the director or operator’s action is in compliance with the applicable provisions of law and to recover reasonable costs and fees for the permanent disposition when: (A) the funeral director or disposition facility operator has actual knowledge that there is no surviving family member, guardian, or individual appointed to arrange for the disposition of decedent’s remains pursuant to chapter 231 of this title; (B) the funeral director or disposition facility operator has made reasonable efforts to locate and contact any known family member, guardian, or agent; and (C) the appropriate local or State authority, if any,

eral director or disposition facility operator has made reasonable efforts to locate and contact any known family member, guardian, or agent; and (C) the appropriate local or State authority, if any, fails to assume responsibility for disposition of the remains within 36 hours of written notice, which may be delivered by hand, U.S. mail, facsimile transmission, electronic means, or telegraph. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)