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Illinois Disposition of Remains Act - 755 ILCS 65, Section 40

Legal Research Home > Illinois Lawyer > Disposition of Remains Act > Illinois Disposition of Remains Act - 755 ILCS 65, Section 40

Directions by decedent.

(a) A person may provide written directions for the disposition, including cremation, of the person's remains in a will, a prepaid funeral or burial contract, a cremation authorization form that complies with the Crematory Regulation Act, or in a written instrument that satisfies the provisions of Sections 10 and 15 and that is signed by the person and notarized. The directions may be modified or revoked only by a subsequent writing signed by the person and notarized. The person otherwise entitled to control the disposition of a decedent's remains under this Act shall faithfully carry out the directions of the decedent to the extent that the decedent's estate or the person controlling the disposition are financially able to do so.

(b) If the directions are in a will, they shall be carried out immediately without the necessity of probate. If the will is not probated or is declared invalid for testamentary purposes, the directions are valid to the extent to which they have been acted on in good faith.

(Source: P.A. 94-561, eff. 1-1-06.)

Last modified: April 9, 2006