(1) Subject to section 15-19-105 (2), the right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent's death, in the following order:
(a) The decedent if acting through a declaration pursuant to section 15-19-104, subject to the provisions of section 15-19-104 (3)(a)(II);
(b) (I) Either the appointed personal representative or special administrator of the decedent's estate if such person has been appointed; or
(II) The nominee for appointment as personal representative under the decedent's will if a personal representative or special administrator has not been appointed;
(c) The surviving spouse of the decedent, if not legally separated from the decedent;
(c.5) A person with the right to direct the disposition of the decedent's last remains in a designated beneficiary agreement made pursuant to article 22 of this title;
(d) A majority of the surviving adult children of the decedent;
(e) A majority of the surviving parents or legal guardians of the decedent, who shall act in writing;
(f) A majority of the surviving adult siblings of the decedent;
(g) (Deleted by amendment, L. 2006, p. 900, � 5, effective August 7, 2006.)
(h) Any person who is willing to assume legal and financial responsibility for the final disposition of the decedent's last remains.
(2) (Deleted by amendment, L. 2006, p. 900, � 5, effective August 7, 2006.)
(3) Disputes among the persons listed under subsection (1) of this section shall be resolved by the probate court. A third party shall not be liable for refusing to accept the decedent's remains or dispose of the decedent's remains until the party receives a court order or other reasonable confirmation that the dispute has been resolved or settled.
(4) (a) If the person with the right to control disposition is unable or unwilling to make such disposition, or if the person's whereabouts cannot be reasonably ascertained, then that person's rights shall terminate and pass to the following, in the following order:
(I) The rest of the persons in the class with the same degree of relationship granting the same priority of control over the disposition pursuant to subsection (1) of this section;
(II) The next class of persons in the order listed in subsection (1) of this section if no one else with the same degree of relationship granting the same priority of control over the disposition of this section exists or possesses the right of final disposition pursuant to subsection (1) of this section.
(b) (I) The person with the right to control disposition shall be presumed to be unable or unwilling to provide for such disposition, or the person's whereabouts shall be presumed unknown, if the person has failed to make or appoint another person to make final arrangements for the disposition of the decedent within five days after receiving notice of the decedent's death or within ten days after the decedent's death, whichever is earlier.
(II) Any member or veteran of the armed forces of the United States or of an organization supporting members or veterans of the armed forces of the United States shall have the right to access the human remains and records thereof in order to identify the remains if no person with the right of final disposition has provided for final disposition for at least one hundred eighty days after death. If the remains are those of a veteran of the armed forces of the United States, the person who possesses the remains shall make arrangements for the remains to be transferred to the closest United States military cemetery. This subparagraph (II) shall not be construed to authorize the exhumation of dead human bodies nor the possession of dead human bodies by any person seeking to identify the identity of the remains.
(c) If a person is unable or unwilling to make a disposition under this subsection (4), such person shall not be counted as a member of the class with the same degree of relationship granting the same priority of control over the disposition pursuant to subsection (1) of this section when determining the number that makes a majority of such class.
(5) If the persons enumerated in subsection (1) of this section are not willing or able to provide for the final disposition of a decedent's remains, or if the persons' whereabouts cannot be reasonably ascertained, then the public administrator responsible for the decedent's estate or the person who controls the final disposition of indigent people in the county in which the death occurred shall make arrangements for the final disposition of the decedent's remains.
(6) A third party who provides for the final disposition of a decedent's remains upon authorization from a person who claimed to have the right to control the final disposition shall be immune from civil liability and administrative discipline.
Source: L. 2003: Entire article added, p. 1351, � 1, effective August 6. L. 2006: Entire section amended, p. 900, � 5, effective August 7. L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 447, � 16, effective July 1; (4)(b) amended, (HB 09-1058), ch. 241, p. 1093, � 1, effective August 5. L. 2010: (1)(c.5) amended, (SB10-199), ch. 374, p. 1754, � 22, effective July 1; (1)(a) amended, (SB 10-047), ch. 166, p. 586, � 4, effective August 11. L. 2021: (5) amended, (SB 21-006), ch. 123, p. 494, � 18, effective September 7.
Cross references: (1) For the legislative declaration in the 2010 act amending subsection (1)(a), see section 1 of chapter 166, Session Laws of Colorado 2010.
(2) For provisions relating to the time of taking effect or the provisions for transition of this code, see � 15-17-101.
15-19-106.5. Disposition of abandoned cremated remains of veterans - liability - applicability - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Cremains facility means a facility that may have unclaimed cremains of a veteran or qualified family member or any information related to unclaimed cremains, including but not limited to a mortuary, funeral home, cemetery, or coroner.
(b) Cremated remains or cremains has the same meaning set forth in section 12-135-102 (3).
(c) Interment benefits means any benefit that includes eligibility to be interred in a national cemetery under the control of the national cemetery administration or in any state veterans' cemetery.
(d) Qualified family member means a spouse or dependent of a veteran who is eligible for interment benefits.
(e) State veterans' cemetery means the Homelake military veterans cemetery established pursuant to section 26-12-205 and the western slope military veterans' cemetery established pursuant to section 28-5-708.
(f) Status information means a person's first name, last name, date of birth, date of death, and social security number.
(g) Veteran has the same meaning set forth in section 28-5-100.3.
(h) Veterans' remains recovery organization means an entity recognized and authorized by the United States veterans administration and the national personnel records center to verify and inter the unclaimed remains, including cremated remains, of United States military veterans and qualified family members.
(2) Notwithstanding section 15-19-106 (4)(b)(II), a veterans' remains recovery organization has the right to research, recover, and inter any unclaimed cremains of a veteran or qualified family member.
(3) (a) A veterans' remains recovery organization may contact any cremains facility that may have unclaimed veterans' or qualified family members' cremains. The veterans' remains recovery organization shall provide proper identifying documentation to the cremains facility.
(b) After receiving documentation identifying the organization as a veterans' remains recovery organization, a cremains facility shall provide all status information in the facility's possession to the organization.
(c) The veterans' remains recovery organization shall inventory any unclaimed cremains and any information related to the unclaimed cremains in order to identify any cremains of a veteran or qualified family member. The organization shall contact the national personnel records center to verify whether any of the unclaimed cremains are of a veteran who is eligible for interment benefits or qualified family member.
(4) If a veterans' remains recovery organization determines that unclaimed cremains are of a veteran who is eligible for interment benefits or other qualified family member, the organization shall issue the following notices, as applicable:
(a) If the veterans' remains recovery organization knows of a person described in section 15-19-106 (1)(a) to (1)(f) who has the right to take possession of the cremains, the organization shall send notice by mail to that person of that person's eligibility to take possession of the cremains; or
(b) If the veterans' remains recovery organization does not know of a person described in section 15-19-106 (1)(a) to (1)(f) who has the right to take possession of the cremains, the organization shall publish a notice in a newspaper of general circulation, published in the county in which the death occurred or the cremains are located, stating that the cremains are unclaimed and giving the name of the deceased if it is known.
(5) At least thirty days, but no later than forty-five days, after a notice has been issued pursuant to subsection (4) of this section, the cremains facility shall transfer any unclaimed cremains eligible for interment benefits to a national cemetery or state veterans' cemetery or to a veterans' remains recovery organization for interment in a national cemetery or state veterans' cemetery.
(6) A cremains facility or veterans' remains recovery organization is not subject to civil liability for release of any information or release of unclaimed cremains pursuant to this section, unless the facility or organization acts in bad faith or with malicious intent.
(7) This section applies only to cremains and does not apply to any other last remains, including dead human bodies.
Source: L. 2020: Entire section added, (HB 20-1051), ch. 46, p. 158, � 1, effective September 14.