Frequent Questions
Click on the questions below to reveal each respective answer.
Next of Kin
"Final Disposition" means the final disposal of a deceased human being whether by interment, entombment, inurnment, burial at sea, cremation, or any other means and includes, but is not limited to, any other disposition of remains for which a segregated charge is imposed.
Georgia Code 31-21-7 outlines who can implement final disposition, including how a person can make his or her wishes known for the time of his/her own death and have it carried out by next of kin. It also ranks in exact order of kinship or relationship to the deceased who has the right to make decisions regarding the final disposition of a deceased person.
In order to implement final disposition for a deceased, an individual MUST be 18 years or older AND be of sound mind. Funeral directors frequently get this question.
Minor children do not have the right of disposition for a parent; they are not 18 years old.
Divorced spouses do not have the right of disposition for their former spouse; sometimes people are confused because there may be minor children involved. Because minors don't have the right of disposition, they can't pass their right to a divorced parent.
Individuals who are mentally impaired don't have the right of disposition. For example, a person suffering from a diagnosed illness such as Alzheimer's who has reached the stage of impairment, does not have the right of disposition.
In those examples, the right passes to the next individual.
A person who has signed a preneed contract, whether or not it is paid for, can direct their own final disposition and plans. Those plans must be followed unless the estate can't cover the cost or unless the person has specifically appointed a person with the right to change their wishes.
If there are multiple people with the same level of disposition rights (children, for example), the majority decision prevails.
People may lose their right of disposition by failing to act in a timely manner, as outlined below.
Consumer Complaints
If you have a complaint against a funeral director or a funeral establishment, we encourage you to discuss the issue with the funeral director and/or management of the funeral establishment.
If this is not acceptable, contact the Georgia State Board of Funeral Service, which administers the Funeral Service Law for the purpose of better protection of life and health, preventing the spread of contagious, communicable, and infectious diseases, and regulating the practice of embalming and funeral directing and the care and disposition of dead human bodies.
- Call Center: 404-424-9966 or 844-753-7825
- Online contact form HERE
- License Lookup HERE
- Submit a complaint HERE
Note: Georgia Funeral Directors Association (GFDA) provides this information as a service to our communities. GFDA is not a licensing or regulatory agency and cannot accept complaints. Complaints must be submitted to the Georgia State Board of Funeral Service.
Death Certificates
State Office of Vital Records is to create, maintain, protect, and provide access to vital events and vital records data to sustain the health and well-being of Georgia constituents in a manner that is timely, accurate, and secure. The State Office of Vital Records is responsible for registering, preserving, amending, and certifying all Georgia vital events.
- More information HERE
- Communication Center: 404-679-4702
- Ways to Request Vital Records HERE
- Office Locations HERE
- Death Records HERE
Note: They only provide records of vital events that occurred in Georgia. For events that took place outside of Georgia, please contact the vital records office in that state or territory for more information. The National Center for Health Statistics maintains contact information for vital records offices throughout the United States.
Additional Resources
DISCLAIMER: This information is published as a good faith consumer education service. It may not be viewed or treated as specific legal advice due to the constantly changing nature of state and federal laws and regulations. Families should speak directly with their local funeral director or legal representative as to their current planning for end-of-life issues and funerals.

