Which one of the following persons has the highest priority to control the disposition of the remains of a deceased person?

• A. The oldest child of the deceased
• B. The mother of the deceased
• C. The father of the deceased
• D. The spouse of the deceased

Answer: (D)

The main concept being tested is who has the legal right to control the disposition of a deceased person’s remains. That role is determined by a statutory priority, and the surviving spouse or domestic partner sits at the top of that hierarchy.

Why the spouse is the best answer: The law recognizes the spouse as the closest, most immediate family connection with the strongest interest in and responsibility for final arrangements. This relationship is given the highest priority to ensure a clear, stable decision-maker who is most likely to know and carry out the decedent’s likely wishes or the couple’s joint plans. Therefore, among the listed possibilities, the spouse has the highest priority to direct cremation, burial, or other disposition decisions.

In this framework, other relatives such as an adult child, a parent, or a sibling would have lower priority if a surviving spouse exists. Only if there is no surviving spouse would those other relatives come into play, in a defined order. If no one with priority can act, the matter may fall to authorities or a court.