Cremations

NMSA 1978 ch. 24, art. 12A

in effect

NMSA 1978, § 24-12A-1 Right to authorize cremation; definitions

24-12A-1. Right to authorize cremation; definitions A. An adult may authorize the adult's own cremation and the lawful disposition of the cremated remains by: (1) stating the desire to be cremated in a written statement that is signed by the adult and notarized or witnessed by two persons; or (2) including an express statement in the will indicating that the testator desired that the remains be cremated upon death. B. A personal representative acting pursuant to a will or the provisions of Chapter 45, Article 3 NMSA 1978 or a funeral service establishment, a direct disposition establishment or a crematory shall comply with a statement made in conformance with the provisions of Subsection A of this section. The statement is authorization to the personal representative, funeral establishment, direct disposition establishment or crematory that the remains of the decedent are to be cremated. Statements dated prior to April 5, 1993 are to be given effect if they meet the requirements of Subsection A of this section. C. A personal representative, funeral service establishment, direct disposition establishment or crematory acting in reliance upon a document executed pursuant to the provisions of this section, who has no actual notice of revocation or contrary indication, is presumed to be acting in good faith. D. A funeral service establishment, direct disposition establishment, crematory or employee of a funeral establishment, direct disposition establishment or crematory or other person that relies in good faith on a statement written pursuant to this section shall not be subject to liability for cremating the remains in accordance with the express instructions of a decedent. The written document is a complete defense to a cause of action by any person against any other person acting in accordance with the instructions of the decedent. E. As used in this section: (1) "cremate" means to reduce a dead human body by direct flame to a residue that may include bone fragments; and (2) "direct disposition establishment" means an office, premises or place of business that provides for the disposition of a dead human body as quickly as possible, without a funeral, graveside service, committal service or memorial service, whether public or private, and without embalming of the body unless embalming is required by the place of disposition. Laws 1993, ch. 200, § 1; 2023, ch. 162, § 5.

NMSA 1978, § 24-12A-2 No written instructions; priority of others to decide disposition

24-12A-2. No written instructions; priority of others to decide disposition A. Except as provided in Subsection B of this section, if a decedent has left no written instructions regarding the disposition of the decedent's remains, the following persons are legal next of kin, in the order listed, and shall determine the means of disposition, not to be limited to cremation, of the remains of the decedent: (1) the surviving spouse; (2) a majority of the surviving adult children of the decedent; (3) the surviving parents of the decedent; (4) a majority of the surviving siblings of the decedent; (5) the adult person of the next degree of kinship in the order named by New Mexico law to inherit the estate of the decedent; or (6) an adult who has exhibited special care and concern for the decedent and is aware of the decedent's views and desires regarding the disposition of the decedent's body and who is willing and able to make a decision about the disposition of the decedent's body. B. If a decedent left no written instructions regarding the disposition of the decedent's remains, died while serving in any branch of the United States armed forces, the United States reserve forces or the national guard and completed a United States department of defense record of emergency data form or its successor form, the person authorized by the decedent to determine the means of disposition on a United States department of defense record of emergency data form shall determine the means of disposition, not to be limited to cremation. C. The state, county, municipality or other person having charge or control of the body of a decedent shall notify or attempt to notify the legal next of kin. Laws 1993, ch. 200, § 2; 1995, ch. 17, § 1; 2011, ch. 22, § 2; 2023, ch. 162, § 6.

NMSA 1978, § 24-12A-3 Unclaimed bodies; cremation permitted

24-12A-3. Unclaimed bodies; cremation permitted An unclaimed body, the disposition of which is the responsibility of the county pursuant to the provisions of Chapter 24, Article 13 NMSA 1978, may be cremated upon the order of the county official responsible for ensuring the disposition of the body or upon the order of any other government official authorized to order the cremation. Absent a showing of bad faith or malicious intent, the official ordering the cremation and the person or establishment carrying out the cremation shall be immune from liability related to the cremation. 1978 Comp., § 24-12A-3, enacted by Laws 1999, ch. 241, § 3; 2023, ch. 162, § 7.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18524/index.doFetched: 10/20/2026