Right of Burial Law and Legal Definition

Right of burial is the right to the custody of the dead body of a person for the purpose of burial, such as the right of surviving spouse or child of the decedent. It is the privilege to be buried according to the usual custom in the community and pursuant to the rules and regulations set forth by the proprietor of the cemetery. The right to a decent burial has been recognized as Common Law. There is no common rule as to whom the right of burial is granted. Generally, unless otherwise provided before death by the deceased, the right will go to the surviving spouse; if there is none, it will go to the next of kin.