Resources

When Death Occurs

Immediately following the death of a loved one, there are many decisions that must be made. At this time, you may find your emotions are heightened, and for that reason it is a good idea to ask for help in making all the decisions and arrangements. Additionally, the funeral home’s staff is eager to assist you and the family in making the best decisions possible. This information can help guide you and your family through the process.

Contact The Proper Authorities

Before any arrangements and decisions can be made, a legal pronouncement of death must be declared. If your loved one dies inside of a medical or nursing facility like a hospital or nursing home, the staff will handle getting this declaration made. If your loved one dies at home, you need to immediately contact the local emergency officials to come and take them to a hospital where they can be legally declared dead. Family members who die under hospice care can be declared dead by the hospice staff. This legal declaration must be made before the family can proceed with making any funeral arrangements or handling any legal affairs.

Tennessee Law Regarding Who Has Rights to Control Disposition

62-5-703. Order in which rights to control vest.

Except as set forth in § 62-5-704, and in the absence of disposition directions or a pre-need funeral contract, the right to control the disposition of the decedent’s remains, the location, manner and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following persons in the order named; provided, that such person is a qualified adult:

(1) An attorney in fact designated in a durable power of attorney for health care who is acting pursuant to § 34-6-204;

(2) The surviving spouse;

(3) The sole surviving child of the decedent, or if there is more than one (1) child of the decedent, the majority of the surviving children. However, less than one half (½) of the surviving children shall be vested with the rights of this section if they have used reasonable efforts to notify all other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one half (½) of all surviving children;

(4) The surviving parent of the decedent. If one (1) of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent;

(5) The surviving sibling of the decedent, or if there is more than one (1) sibling of the decedent, the majority of the surviving siblings. However, less than the majority of surviving siblings shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one half (½) of all surviving siblings;

(6) The surviving grandchild of the decedent, or if there is more than one (1) surviving grandchild, the majority of the grandchildren. However, less than the majority of the surviving grandchildren shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandchildren of their instructions and are not aware of any opposition to those instructions on the part of more than one half (½) of all surviving grandchildren;

(7) The surviving grandparent of the decedent, or if there is more than one (1) surviving grandparent, the majority of the grandparents. However, less than the majority of the surviving grandparents shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one half (½) of all surviving grandparents;

(8) The guardian of the person of the decedent at the time of the decedent's death, if one had been appointed;

(9) The personal representative of the estate of the decedent;

(10) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one (1) person of the same degree, any person of that degree may exercise the right of disposition;

(11) If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator or employee responsible for arranging the final disposition of the decedent's remains; or

(12) In the absence of any person listed in subdivisions (1)-(11), any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals listed in subdivisions (1)-(11).

Begin To Make Arrangements

Once your loved one has been declared dead you and your family can proceed with making any type of funeral arrangements. Your loved one may have pre-planned any type of services, and you and your family should first look into those choices. If your loved one has not made any previous type of arrangements, and you have decided on which funeral home you would like to use for the services, you will contact them and meet with the funeral director and begin discussing options.

During this time, if the deceased hasn’t made their final wishes known, the family will need to decide if they will bury or cremate the body, and what type of service should be held. These decisions include the time, date and location of any service; what type of casket or urn your loved one needs; drafting an obituary notice; deciding on pallbearers; and make any decisions about the specifics of the service like who the minister will be, what music will be played and who will speak.

As part of the process to begin making the funeral arrangements, if the deceased was active or retired military, contact the Veterans Administration to determine if they offer any death benefits or service options.

Information Funeral Directors May Need

Once you have met the funeral director, they will advise you on any information or paperwork they need for the death certificate or to proceed with making final arrangements.

Information Required:

• Full name and address
• Marital status
• Race/Ethnicity
• Date and city of birth
• Highest level of education
• Father’s name, mother’s maiden name
• Name of spouse
• Occupation and employer

Documents Funeral Directors May Need

Funeral directors will need important documents to complete any legal paperwork. These documents include:

• Account statements
• Beneficiary designations
• Life insurance policies
• Military discharge papers (form DD 214)
• Social Security number

Taking Care Of Personal Property

Following the death of your loved one, there are few things you need to attend to involving the deceased’s personal life. First, secure your loved one’s property. Make sure their home and vehicle are properly secure. If your loved one has a pet, make the necessary arrangements for the pet to be taken care of by family or friends. Any mail that comes to your loved one should be forwarded to a family member that plans to handle the deceased’s estate. Any mail that piles up at a vacant home only alarms potential intruders that a home is empty. Make sure to contact the deceased’s boss and inform them of the death. If your loved one had any upcoming appointments, make contact to notify them about the death and to cancel the appointment.