Can I Make Funeral Decisions as the Executor of an Estate?

Possibly, but your power of attorney and patient advocate roles end when she dies (unless her patient advocate document also names you as funeral representative, which some states allow), so they won’t give you the authority to arrange her funeral afterward. Being named executor may help, but who has the legal right to make funeral decisions depends on your state. You can start planning now. Before she passes, find out what the funeral home will want from you.

Does Being Executor Grant Funeral Rights?

Your role as executor starts at death, but court approval is often needed to make it official. In many states, the right goes first to a person she chose in writing, then to a spouse or next of kin, such as her children. Some states rank the executor higher or lower in that order. 

Some states also give the right to a person she names in a funeral directive or in a health care document. Check her paperwork for either.

Is a Letter of Authorization Required?

Not usually a specific letter, but funeral homes need proof that you have the right to sign. They commonly ask for:

• A copy of the will naming you executor

• A written funeral directive or “designation of agent,” if she signed one

• A signed pre-need contract, if she made arrangements already

• Signatures or written consent from next of kin, if state law gives them priority

Cremation often requires extra written authorization, so ask about that early.

What Should I Do Now?

• Call the funeral home you plan to use and ask what documents they need from an executor.

• Ask your godmother whether she has a written funeral directive or pre-need contract, and find it if she does.

• Gather the will, her ID, and contact information for her next of kin.

• Ask hospice for help. Hospice social workers often assist families with planning in advance.

• Talk to an estate attorney about opening the estate with the probate court soon after she passes.

Rules vary by state, so confirm the current requirements with your local funeral home or an estate attorney.