2006 New Mexico Statutes - Section 24-12A-2 — No written instructions; priority of others to decide disposition.

24-12A-2. No written instructions; priority of others to decide disposition.

If a decedent has left no written instructions regarding the disposition of his remains, the following persons in the order listed shall determine the means of disposition, not to be limited to cremation, of the remains of the decedent:   

A.     the surviving spouse;   

B.     a majority of the surviving adult children of the decedent;   

C.     the surviving parents of the decedent;   

D.     a majority of the surviving siblings of the decedent;   

E.     an adult who has exhibited special care and concern for the decedent, who is aware of the decedent's views and desires regarding the disposition of his body and who is willing and able to make a decision about the disposition of the decedent's body; or   

F.     the adult person of the next degree of kinship in the order named by New Mexico law to inherit the estate of the decedent.