Appointing a Funeral Representative in Farmington Hills: How to Control Your Burial Wishes Under Michigan Law

What is a Michigan Funeral Representative Designation?

 

In 2016, the Michigan legislature updated the Estates and Protected Individuals Code (EPIC) to allow individuals to explicitly name a specific person to handle their final arrangements. Under MCL 700.3206, you can designate a "Funeral Representative" who has the absolute authority to make decisions regarding:

  • Funeral arrangements and memorial services.

  • Burial, cremation, or entombment preferences.

  • Right to retrieve and handle your remains.

This designation acts as a standalone document or a highly specialized component of your broader estate plan, ensuring that your voice is heard even if your family members disagree on how to proceed.

 

The Statutory Priority List: What Happens Without a Designation?

 

If you do not formally designate a funeral representative under MCL 700.3206, Michigan law establishes a strict priority ladder to determine who has the legal right to make these decisions. The priority moves down in this order:

  1. A surviving spouse.

  2. Surviving adult children (deciding by majority vote).

  3. Surviving grandchildren.

  4. Surviving parents.

  5. Surviving siblings.

*The Problem with the Default Rules: If you have multiple adult children who disagree on burial versus cremation, or if you are estranged from certain family members, the default priority list can cause major roadblocks. Local funeral homes along Orchard Lake Road or 12 Mile cannot proceed if your children are locked in a dispute. Without a designated representative, your family may be forced to seek an emergency order from the Oakland County Probate Court in Pontiac, racking up thousands in legal fees while your final arrangements hang in limbo.

 

Streamlining the Process with Local Funeral Homes

 

By working with an estate planning attorney to draft a valid designation, you give your chosen representative immediate legal standing. This allows them to seamlessly coordinate with Oakland County funeral directors, carry out your specific burial or cremation instructions, and honor your religious or personal preferences without delay.

 

Frequently Asked Questions About Michigan Funeral Designations

 

Can I write my funeral wishes directly into my Last Will and Testament?

While you can include funeral instructions in a Will, a Will is often not found, read, or admitted to probate until weeks after the funeral has taken place. A separate Funeral Representative Designation is designed to be accessed and acted upon immediately upon passing.

 

What are the signing requirements for a Funeral Representative Designation in Michigan?

To be legally binding under MCL 700.3206, the designation must be in writing, dated, and signed by you. It must also be signed by two completely disinterested witnesses OR acknowledged before a notary public.

 

Who can I choose as my funeral representative?

You can choose any competent adult over the age of 18. However, Michigan law strictly prohibits you from naming an officer, partner, member, shareholder, or employee of a funeral home, cemetery, or crematory that will provide services to you, unless they are a relative.

 

If you are ready to create or update your estate plan — or if you need a Funeral Designation prepared for you — Tom Pascaris is ready today.

 

📞 Call: (248) 482-7288

📍 33505 West 14 Mile Road, STE 60, Farmington Hills, Michigan 48331, United States

🕒 Monday – Friday | 9:00 AM – 5:00 PM

💻 Phone, video, and in-person consultations available

 

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