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Can you leave funeral wishes in your estate plan?

On Behalf of | May 29, 2026 | Estate Planning

Few decisions feel more personal than what happens after you die. Leaving written final-arrangement instructions helps the people closest to you make decisions during a hard time. It can also reduce the risk of disagreement if relatives have different opinions about what you would have wanted.

Naming someone to handle your arrangements

Under New Hampshire law, you can name someone to have custody and control of your remains after death using a written document. However, you and either two witnesses or a notary public must sign the document for it to be legally valid. The chosen agent may work with the funeral home and carry out the final arrangements.

Without a named agent, that authority generally passes to the next of kin. That arrangement may be enough for some households, but problems may arise when relatives disagree, live far away or do not know your preferences.

Putting your wishes in writing

An estate plan may include directions for burial, cremation or memorial preferences. Be careful about leaving these wishes only in your will. A will may not be located or reviewed until after the funeral has already happened. A separate appointment form, stored where the chosen agent can find it quickly, is often more useful when loved ones must act right away.

These instructions may cover details such as:

  • Burial or cremation preference
  • A cemetery plot or final resting place
  • Religious, cultural or personal service preferences
  • Music, readings or other memorial details
  • Any prepaid arrangement details

New Hampshire law mandates that the person with custody and control must follow your valid written instructions, and they are legally bound to do so if the arrangements have been funded.

Helping your family avoid uncertainty

Funeral decisions often come during an emotional and stressful time. Clear planning gives loved ones a better path forward.

You should also tell your chosen person where to find the document. If your wishes are locked away, buried in a will or unknown to the person making decisions, they may not help when your family needs them most.

Taking this step makes those preferences clear and gives family members one less burden during a difficult time.

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