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HB 2403

Establishing the order of priority of a decedent's surviving parents who cannot agree on the disposition of such decedent's remains.

2025-2026 Regular Session

When surviving parents disagree over disposition of a decedent, the mother has 60 days to act, then the father has priority for 30 days, with notarized consent possible for incarce

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Bill Summary · HB 2403

HB 2403 — Summary (disposition of a decedent’s remains; priority between surviving parents)

Status: Referred to Committee on Judiciary. Introduced Feb 4, 2025; bill text and fiscal note dated Mar 6–Mar 17, 2025. (Kansas — amends K.S.A. 65-1734.)

Purpose / Intent

To clarify and modify the order of priority for who may direct the final disposition of a decedent’s remains when the decedent’s surviving parents disagree. The bill sets a time-limited priority for the mother when parents cannot agree, and it permits an incarcerated parent to use a notarized statement to authorize disposition.

Key provisions

  • Amends K.S.A. 65-1734 (final disposition priority list) by adding a specific process when surviving parents disagree:
    • If the surviving parents cannot agree on disposition within 60 days of death, then the mother alone shall have first priority to order final disposition for a 30-day period.
    • If the mother does not order final disposition within that 30-day window, the father is then given first priority.
    • An incarcerated parent may sign a notarized statement authorizing final disposition.
  • Retains the broader priority order for disposition (in descending order): health-care agent (if authority granted), spouse, surviving adult children (with written confirmation/objection rules), surviving parents (as modified), next-degree kin, guardian of the person at death, personal representative, and public official for indigents.
  • Preserves existing subsections that (a) give priority to the person named on the Department of Defense emergency data (DD Form 93) for active-duty military deaths, and (b) protect funeral directors, establishments, and crematories from civil/criminal liability when they reasonably follow the instructions of the person entitled to control disposition.
  • Repeals the existing version of K.S.A. 65-1734 and replaces it with the amended text.
  • Effective: upon publication in the statute book (per bill text).

Who is affected

  • Primary: surviving parents of a decedent (particularly in conflicts between mother and father).
  • Secondary: spouses, adult children, other relatives, guardians, personal representatives, and public officials responsible for indigent decedents.
  • Service providers: funeral directors, crematories, hospitals, coroners/medical examiners, and county officials who may need to store remains while priority or authorization is resolved.

Fiscal / administrative impact

  • Kansas Division of the Budget (fiscal note, Mar 17, 2025): no fiscal effect on the Judicial Branch; Board of Mortuary Arts reports no fiscal effect on the agency.
  • Potential local costs: county coroners, hospitals, or funeral homes may need to refrigerate/shelter remains while the statutory priority process plays out, potentially increasing local storage or administrative costs (no statewide cost estimate provided).

Procedural / timeline notes

  • Introduced and filed in early February 2025; submitted to relevant committees (House Committee on Judiciary / State Affairs rules activity noted).
  • If enacted, the statute would take effect upon publication in the statute book.

Practical considerations / likely impacts

  • Provides a clear tie‑breaker mechanism when parents disagree, which could reduce litigation or uncertainty in some cases by giving the mother a defined window to direct disposition.
  • Could delay final disposition if neither parent acts within the specified windows, increasing storage needs and costs.
  • The notarized authorization option makes it possible for incarcerated parents to participate in the decision-making process despite custody status.

Compiled from official sources — confirm details with the bill’s official record.

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