Maryland Probate: Cremation and Notification

I was recently asked a question that has been asked a few times: can a person authorize cremation in Maryland without notifying next of kin? In other words: can you make an order to be cremated without disclosing this information to others?

The short answer: yes. You can indicate in your Will your desire to be cremated, buried, transported to a body farm, etc., and there is no legal requirement to inform others of your decision. When an individual has passed away the instructions in the Will are binding assuming they do not violate state and federal laws. So assuming the instruction was to be cremated, it is then the responsibility of the named Personal Representative to follow those instructions and in so doing the Personal Representative is not required to notify anyone of those instructions.

For a free, confidential conversation to discuss these and other estate planning matters, contact Maryland estate planning attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here. I provide office or home meetings at your convenience throughout most of Maryland.

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