A. In the absence of a designation under § 54.1-2825, when there is a disagreement among a decedent’s next of kin concerning the arrangements for his funeral or the disposition of his remains, any of the next of kin may petition the circuit court where the decedent resided at the time of his death to determine which of the next of kin shall have the authority to make arrangements for the decedent’s funeral or the disposition of his remains. The court may require notice to and the convening of such of the next of kin as it deems proper.
B. In determining the matter before it, the court shall consider the expressed wishes, if any, of the decedent, the legal and factual relationship between or among the disputing next of kin and between each of the disputing next of kin and the decedent, and any other factor the court considers relevant to determine who should be authorized to make the arrangements for the decedent’s funeral or the disposition of his remains.
2010, c. 383.