Who has priority for the right of disposition under Nebraska law?

Under Nebraska law, the surviving spouse of the deceased has the highest priority for the right of disposition. This means that if someone passes away, their surviving spouse is typically the first in line to make decisions regarding the final arrangements, including burial or cremation, unless they have explicitly stated otherwise in legal documents like a will or advance directive.

This prioritization is rooted in a recognition of the close personal relationship and the shared responsibilities that typically exist between a spouse and their partner. The law aims to respect the wishes of the immediate family members who are likely to have the most intimate understanding of the deceased's desires and circumstances.

While adult children, friends, or a funeral home director may certainly have roles in the process of arranging a funeral, their rights to make decisions come into play only if the surviving spouse is unavailable or if they have been entrusted with such authority by the deceased or the surviving spouse.