Why Including Funeral and Burial Planning Matters in Your Estate Plan

When planning their estate, many clients focus on Wills, trusts and the distribution of assets but overlook funeral and burial planning which can result in unnecessary conflict and emotional distress among loved ones.

The death of a loved one is always a heavy emotional burden. For many families, the process of planning a funeral can intensify this grief. In Texas, where families often maintain deep ties to their communities and religious traditions, funeral services can be elaborate and costly. According to the National Funeral Directors Association (NFDA), the average cost of a funeral in the United States is between $7,000 and $10,000, and in Texas, this figure can easily rise, depending on the city, the type of service, and other factors such as burial plot costs or embalming services.

Without clear guidance from the deceased, family members often find themselves making difficult decisions under time pressure. The absence of clear instructions can also lead to disagreements among family members, causing unnecessary tension when the goal should be coming together to honor the deceased’s life. By including funeral and burial planning, along with your estate plan, you can spare your family from making these emotional and financial decisions on their own.

1. Burial Preferences: If you have a preference for burial, it’s important to specify whether you’d like to be interred in a cemetery plot, or a mausoleum. If you’re unsure where you’d like to be laid to rest, let your family know that you’d prefer to leave it to their discretion.
2. Cremation: It’s essential to specify whether you prefer cremation and what should happen with your ashes.
3. Funeral Arrangements: Specify if you have a preference for a traditional funeral, a memorial service, or a simple direct burial with no ceremony.
4. Funding Your Funeral: A crucial aspect of funeral and burial planning is ensuring there are funds set aside for these expenses. In setting up a prepaid funeral plan or purchasing funeral insurance can provide your family with the funds needed to carry out your wishes without delay at the time of need.
5. Designating a Funeral Representative: Texas law allows you to appoint someone to carry out your funeral and burial wishes. This is known as an agent to handle the disposition of remains. The person you choose can make decisions regarding the type of service, burial site, and funeral home. Choosing someone who understands your values and preferences, and who can act quickly when the time comes, is essential and avoids conflict among family members. It’s important to note that under Texas law, the designated agent must act promptly to exercise authority over funeral arrangements. Failure to act promptly can result in the authority shifting to other next-of-kin or legally authorized individuals.

If there is no prepaid funeral plan in place or an appointed agent to control the disposition of remains, Texas law provides a hierarchy of individuals who have the authority to make final arrangements:

1. The surviving spouse
2. An adult child of the deceased
3. A parent of the deceased
4. A sibling of the deceased
5. A legal guardian or someone with a documented, close relationship to the deceased

This list can be particularly important when family members disagree on the final disposition of remains. In such cases, Texas law gives priority to the surviving spouse or adult children, but disputes may arise when multiple family members are involved.

Executors should check for any signed disposition documents or prearranged plans within 48 hours of death. Absent documentation, next of kin control may override Decedent’s wishes.

While it’s often uncomfortable to consider funeral and burial plans, it’s an essential part of estate planning. Clear instructions through prearranged plans or appointment of agents will help clients ensure their final wishes are followed.

You may visit our website at www.wrightabshire.com. Nothing contained in this publication should be considered as the rendering of legal advice to any person’s specific case but should be considered general information.