In Minnesota, you may name the person who will carry out your funeral arrangements. You can also provide detailed instructions about your final wishes and set aside funds to cover your funeral expenses, including the costs of burial or cremation.
Who Has the Right to Make Funeral Arrangements in Minnesota?
Minnesota law determines who can make decisions about funerals and body disposition -- that is, burial or cremation -- after someone dies. This right and responsibility goes to the following people, in order:
- a person you appoint in a written document, including a health care directive
- your spouse
- your adult children
- your parents
- your adult siblings
- your adult grandchildren
- your grandparents
- your adult nieces or nephews
- the guardian of your person at the time of your death
- an adult who exhibited special care and concern for you
- your next of kin, or
- a public or court authority, as required by law.
If you and your relative were estranged. If there is only one member of a class described above, and you were estranged from that person, the right passes to the next person on the list. (Minnesota Statutes § 149A.80, Subd. 3.)
If your relatives disagree. If there is more than one member of a class described above -- for example, if you have several children or many siblings -- decisions must be made by a majority of them. If they cannot agree, they will have to go to court to resolve their dispute. (Minnesota Statutes § 149A.80, Subd. 5.) To avoid such an outcome, it’s best to name a representative in advance.
Appointing your decision maker. To name someone to carry out your final wishes, you need only write down what you want in a signed, dated document. If you make more than one document naming a representative, a document that is witnessed or notarized will take precedence over one that is not. (Minnesota Statutes § 149A.80, Subd. 2(1).)
You can use any form you like, but one smart method is to make a Minnesota health care directive. In your directive, you can give your health care agent explicit power to carry out your final arrangements after your death. This saves the trouble of making separate documents for health care decisions and final wishes.
For information about making a health care directive, see Minnesota Living Wills and Health Care Directives.
To make a Minnesota health care directive that appoints your health care agent to carry out your final plans, you can use Nolo’s Quicken WillMaker Plus software.
If you’re in the military. You may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.
Who Pays for Funeral Costs in Minnesota?
The National Funeral Directors Association puts the average cost of a funeral at moe than $7,000. This figure doesn’t cover many common expenses such as cemetery costs, markers, flowers, or obituaries. For many people, after a house and a car, funeral goods and services are the most expensive thing they’ll ever buy. It’s smart to make a plan to pay for these costs.
You have two basic options for covering your funeral expenses, including the costs of burial or cremation. You can:
- pay in advance, or
- leave enough money for your survivors to pay the bills.
If you don’t do either of these things, your survivors must cover the costs of your funeral arrangements.
Paying in advance. If you want to pay for your funeral arrangements ahead of time, make sure you’re dealing with a reputable funeral establishment and clearly document any plans you make, so your survivors can easily carry them out. Though the law requires providers of funeral goods and services to carefully manage your funds (see Minnesota Statutes § 149A.97), abuses do happen. What’s more, if a funeral establishment goes out of business, your careful planning may be lost.
For more information, see The Prepaid Funeral and Its Perils.
Setting aside funds. The safest and easiest way to cover the costs of your final arrangements is to estimate costs and tuck away the funds in an easily accessible, interest-earning bank account. You can designate a beneficiary who can claim the funds immediately after your death. Make sure the beneficiary understands what the money is for, however, and that you trust him or her completely, because the beneficiary is under no legal obligation to use the funds for your final arrangements.
For more information about setting up an account to cover the costs of your final arrangements, see Payable-on-Death (POD) Accounts: The Basics.
Writing Down Your Funeral Plans
Letting your survivors know what kind of funeral arrangements you envision -- including your wishes for ceremonies and whether you want to be buried or cremated -- will save them the difficulty of making these decisions during an emotional and stressful time. You can include your detailed wishes with the document that names the representative who will oversee your plans.
If you leave written, signed, and witnessed instructions about body disposition and funeral arrangements, the person in charge of your remains is legally required to follow your instructions to the extent that you provided resources to do so. (Minnesota Statutes § 149A.80, Subd. 1.)
Nolo offers several tools to help you document your wishes for final arrangements. Each one walks you step-by-step through the process, so you won’t miss any important issues.
- Quicken WillMaker Plus can create a final arrangements document for you. The software program asks you questions about your wishes and then produces a detailed document you can give to others. As mentioned above, you can also use the program to create a Minnesota health care directive, naming your health care agent to take care of your final wishes.
- Get It Together: Organize Your Records So Your Family Won't Have To, by Melanie Cullen with Shae Irving, is a workbook that provides a complete system for documenting information for your executor and family members, including your wishes for final arrangements.
- Nolo’s Final Arrangements Kit includes all the basic forms and instructions you need to document your final wishes.
Where to Store Your Funeral Plans
While there are many ways to write down your wishes for final arrangements and make them clear, take this advice: Don’t put them in your will. Your will may not be read until weeks after your death -- far too late to help your survivors. It’s better to prepare a separate document.
Store your final arrangements paperwork in a safe place and be sure your loved ones know where to look when the time comes. It may be helpful to make copies and tell them where to find the originals when they’re needed. If you do so, be sure to keep a list of everyone with copies, in case you need to get them back and change them later.
To find the laws and rules covering funeral arrangements in Minnesota, including consumer protection information, see the website of the Minnesota Department of Health: Mortuary Science Section.
To learn more about making your final arrangements, see Getting Your Affairs in Order on Nolo.com.
For details on the rules that control disposing of remains in Minnesota, see Burial and Cremation Laws in Minnesota.