constructive custody of the body
Constructive custody of the body is the legal authority over a deceased person’s remains even without physical possession, or actual custody of the body. Constructive custody typically belongs to the family, or next of kin, of the deceased. Those with constructive custody have the authority to decide the final disposition of the remains, that is, how and when the remains are to be handled. For example, families can use their constructive custody to make funeral arrangements, choose between a burial or cremation, and types of caskets or urns. Courts typically give deference to the deceased person’s wishes through their will when granting constructive custody, and default to next of kin when a will is unavailable.
[Last reviewed in March of 2026 by the Wex Definitions Team]
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