HB313 Alabama 2015 Session

Summary

Primary Sponsor

Lynn Greer

Republican

Session

Regular Session 2015

Title

Disposition of remains upon death, binding instructions for, allowed, Sec. 34-13-12 am'd.

Summary

HB313 allows people to set binding written directions for disposing of their remains after death and requires those in charge to follow them as funds allow, with an attestation when funeral services are involved.

What This Bill Does

Allows individuals to create legally binding written directions for how their remains should be disposed of after death, in a will, prepaid funeral service agreement, or other signed instrument. The person or organization in charge of disposition must carry out those directions to the extent that the decedent's estate can pay for it. If a funeral service agreement is used, the signer must attest that they are faithfully carrying out the decedent's directions; funeral establishments may rely on these documents and have liability protections in good-faith cases. Directions in a will may be carried out immediately without probate; if the will is not probated or invalid, the directions remain valid to the extent they have been acted on in good faith.

Who It Affects

• Individuals who want to set binding, written directions for how their remains should be disposed of after death.
• Funeral service providers and others authorized to carry out disposition of remains (e.g., funeral directors) who must follow those directions and may rely on signed documents, with attestations and liability protections.

Key Provisions

• Allows binding written directives for disposition of remains via will, prepaid funeral service agreement, or other signed document, including grave marker inscription; directions can be modified or revoked by later writing.
• The person entitled to control disposition must faithfully carry out the decedent's directions to the extent the estate is financially able to pay.
• Amends Section 34-13-12 to require anyone signing a funeral service agreement to attest to the truthfulness of the document and that they are carrying out the decedent's directions to the extent the estate funds permit.
• Funeral establishments may rely on the documents and are not required to investigate next of kin; if multiple people have equal priority and no objections, the first in the class may be followed.
• If directions are in a will, they are carried out immediately without probate; if the will is not probated or is invalid, directions are valid to the extent they have been acted on in good faith.
• Effective date: the act becomes law on the first day of the third month following passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Death