Putting Your Funeral Wishes in Writing in Florida
Many people have clear ideas about their funeral: burial or cremation, a religious service or a celebration of life, a favorite song. Too often, those wishes live only in conversation, and families are left guessing. Florida law gives real weight to your written wishes. Here's how it works.
Who decides funeral arrangements in Florida?
Florida's funeral and cemetery law uses the term "legally authorized person" for whoever can make decisions about a person's remains. Under section 497.005, Florida Statutes, the priority is:
- The decedent, when the decedent left written authorizations and directions during life
- A person the decedent designated on a Department of Defense Record of Emergency Data form (DD Form 93), if the decedent died in military service
- The surviving spouse
- An adult son or daughter
- A parent
- An adult brother or sister
- An adult grandchild
- A grandparent
- Any person in the next degree of kinship
If no family member is available, the law allows others to act, such as a guardian, personal representative, attorney in fact, health care surrogate, or a willing friend.
The key point is that your own written directions come first. Otherwise, decisions go to your spouse, then your adult children, and so on. For cremation, if several people share a priority level, such as three adult children, the funeral home relies on any one of them who says they know of no objection from the others or from anyone with higher priority. That's one reason disagreements can happen.
Why written instructions matter
Two other Florida statutes support written wishes:
- Section 732.804 says that before a court appoints a personal representative, any person may carry out the decedent's written instructions about the body and funeral and burial arrangements. If cremation followed a written direction signed by the decedent, that is a complete defense to a lawsuit over the cremation.
- Section 497.607 requires written authorization from a legally authorized person before a cremation. When the decedent is the legally authorized person, clear signed instructions help the funeral home proceed.
Why a will isn't the best place for funeral wishes
People often put funeral instructions in their will, but a will may not be read until after the funeral. In Florida, the original will is deposited with the clerk of court after death (section 732.901), and probate can take time to start. A separate memorial plan that your family can find right away is often more practical. Many people keep one with their other important papers and tell family where it is.
A written memorial plan is also not a preneed funeral contract. Preneed contracts are purchase agreements with licensed providers, regulated under Chapter 497. A memorial plan records your wishes. It doesn't pay for anything or reserve services.
What to include in a written memorial plan
- Disposition: burial, cremation, entombment, or donation of your body for study
- Location: cemetery, plot or niche details, or where cremated remains should go
- Service: religious or secular, location, officiant, readings, music, and whether you want a viewing
- Who to contact: family, friends, clergy, employers, organizations, and veterans' groups
- Existing arrangements: any preneed contract, burial plot deed, or insurance, and where the paperwork is
- Who you'd like to help: a person to coordinate with the funeral home
Florida doesn't set a statutory form for general funeral instructions, but signing and dating the plan is common practice, and section 732.804's cremation defense applies to a direction signed by the decedent.
Organ and tissue donation
Florida handles anatomical gifts differently. Under section 765.514, you can make a gift by:
- Joining the donor registry online
- Marking your driver license or ID card
- Signing a donor card
- Including it in a living will, other advance directive, or will
- Signing another document in front of two witnesses
Under section 765.512, an anatomical gift you make and don't revoke can't be overridden by family members or a health care surrogate after your death. A donation section in a memorial plan is a document other than a will, so Florida requires two witnesses for it.
Tips for avoiding family conflict
- Tell your family where your written plan is kept.
- Talk through your wishes with the person most likely to carry them out.
- Update the plan after major life changes, such as marriage, divorce, or a move.
- If you expect disagreement, such as with estranged relatives, a blended family, or an unmarried partner who isn't in the statutory list, talk with a licensed Florida attorney about how to put your wishes in writing.
Frequently asked questions
Is a memorial plan the same as a will? No. A will deals with your property and is handled through probate. A memorial plan records your wishes about your body and services so they're available right away.
Does a Florida funeral wishes document need to be notarized? Florida law doesn't set a special form or notary requirement for general written funeral directions. An anatomical gift made by a separate document requires two witnesses.
Who decides if I don't leave written instructions? Generally, your surviving spouse, then adult children, then parents, and so on, under section 497.005.
Can my family change my cremation wishes? Florida law gives priority to your written directions and protects those who follow a signed cremation direction. Disputes can still arise, so clear, signed instructions help.
Template
The Florida Final Memorial Plans Template gives you sections for burial or cremation choices, services, contacts, document locations, and an optional anatomical gift schedule. You can also browse all Florida estate planning templates.
Rexford Mercantile sells self-help legal document templates. We are not a law firm or a funeral provider, and Jonathan and Ruth Rexford are not attorneys. This article is general information about Florida law as of September 2026. It is not legal advice and does not create an attorney–client relationship. For advice about your situation, especially if you expect family disagreement, talk with a licensed Florida attorney.