Corpse - Property And Possession Rights

In the ordinary use of the term, a property right does not exist in a corpse. For the purpose of burial, however, the corpse of a human being is considered to be property or quasi-property, the rights to which are held by the surviving spouse or next of kin. This right cannot be conveyed and does not exist while the decedent is living. Following burial, the body is considered part of the ground in which it is placed. Articles of PERSONAL PROPERTY that have been buried with the body, such as jewelry, may be taken by their rightful owner as determined by traditional property rules or laws relating to DESCENT AND DISTRIBUTION or wills, as they are material objects independent of the body.

A corpse may not be retained by an undertaker as security for unpaid funeral expenses, particularly if a body was kept without authorization and payment was demanded as a condition precedent to its release.

At times, the need to perform an autopsy or postmortem examination gives the local CORONER a superior right to possess the corpse until such an examination is performed. The general rule is that such examinations should be performed with discretion and not routinely. Some state statutes regulate the times when an autopsy may be performed, which may require the procurement of a court order and written permission of a designated person, usually the one with property rights in the corpse.