How to Fill Out and Submit the Ohio Right of Disposition Form

Ohio’s right of disposition form, officially titled the Appointment of Representative for Disposition of Bodily Remains, lets you name the person who will handle your funeral, burial, or cremation decisions after you die. The statutory template is printed in Ohio Revised Code 2108.72, and a printable version is available from the Funeral Consumers Alliance or from most Ohio funeral homes.¹ Completing it takes about ten minutes, costs nothing beyond an optional notary fee, and gives your chosen representative binding authority that would otherwise fall to relatives in a fixed statutory order.

What You Can Assign on the Form

The form lets you assign one or more of three separate rights: directing the disposition of your body (including the location and manner), making funeral arrangements and purchasing funeral goods and services, and making arrangements for burial, cremation, or another form of final disposition.² You do not have to assign all three to the same person. Most people do, because it is simpler, but the form allows a split if your situation calls for it.

Without a valid declaration, Ohio law assigns these rights to your relatives in a set order starting with a surviving spouse, then adult children collectively, then parents, then siblings.³ The form overrides that order and puts the person you choose at the top, whether or not they are related to you.²

What to Gather Before You Fill It Out

The template in ORC 2108.72 walks through each field in order.¹ Have the following ready:

Your full legal name, current address, and a statement that you are an adult of sound mind.
Your primary representative’s full legal name, last known address, and last known telephone number. If you are appointing a group of people, provide this for each.
The same identifying details for a successor representative who steps in if the primary cannot or will not serve. Naming a successor is optional but strongly advised, and the reasoning is below.
Any specific instructions you want to leave: funeral ceremony preferences, burial versus cremation, a particular cemetery or crematory, religious observances, memorial markers, or spending limits. Whatever you write here is binding on your representative.

The form also includes an “Authorization to Act” section acknowledging that cemetery organizations, crematory operators, funeral directors, embalmers, and funeral homes may rely on the declaration when your representative presents it.¹ You do not add anything here. Signing the form is the authorization.

One practical point about the instructions section: if cost matters to you, say so plainly. A representative with no written guidance on your budget has broad discretion to spend. A sentence like “total costs should not exceed $X” gives your representative a defensible ceiling.

How to Sign the Form

Ohio gives you two ways to execute the form, and either one on its own makes it valid.⁴

Signing Before Two Witnesses

You sign and date the form in front of two witnesses, who then sign and date it themselves. Each witness must be:

At least eighteen years old
Not related to you by blood, marriage, or adoption
Not the person you named as representative or successor representative

Each witness confirms in writing that they watched you sign, that you appeared to be of sound mind, and that you did not appear to be under duress, fraud, or undue influence.¹ This is where most execution mistakes happen. People use a spouse or the representative themselves, which disqualifies the document. Use neighbors, coworkers, or friends who are unrelated to you and not named anywhere on the form.

Signing Before a Notary

You sign and date the form in front of a notary public, who then applies an official acknowledgment under Ohio Revised Code 147.53.⁴ Bring valid photo ID. There is no relationship restriction on the notary, which avoids the witness-qualification trap. Banks, UPS stores, and law offices commonly offer notary services for a small fee.

Your representative does not need to sign the form under Ohio law. The declaration is your document, not a contract with the representative. Even so, tell your representative that you have named them and where the form is kept. A valid form nobody can find accomplishes nothing.

Why You Should Always Name a Successor

Naming someone on the form does not guarantee they can serve. Ohio Revised Code 2108.75 automatically disqualifies a representative in several situations, including failure to begin exercising the right within forty-eight hours after being notified of the death (or seventy-two hours of the death if not notified), the representative’s own incapacity or death, refusal to assume liability for disposition costs, inability to be located with reasonable effort, or voluntary resignation.⁵

There is also an industry restriction: an owner, employee, or agent of a funeral home, cemetery, or crematory providing your services cannot serve as your representative unless they are related to you by blood, marriage, or adoption.⁵

When your primary representative is disqualified, authority shifts to the successor you named. Without a successor, the right of disposition falls back to the statutory priority list, which is the result you filled out the form to avoid.

Who Should Get a Copy

After signing, make several copies and put them where they will be found:

Your primary representative, who will present the form to the funeral home as proof of authority.
Your successor representative, so there is no scramble if the primary cannot serve.
Your preferred funeral home or crematory, since many facilities keep declarations on file.
Your own records, stored somewhere accessible. Avoid a safe deposit box that may require a court order to open after your death.

When a death occurs, the representative presents the declaration to the funeral director, who verifies it complies with Ohio law before acting on it. The authorization language empowers the funeral home or crematory to proceed without waiting for agreement from other family members.⁶

Updating or Replacing the Form

You can replace your declaration at any time by executing a new one. The most recently and validly executed declaration controls. If your circumstances change, through divorce, a falling-out with your representative, a move, or a change of mind about cremation versus burial, complete a new form with current information, sign it with proper witnesses or a notary, and distribute it to everyone who holds the old version. Ask them to destroy the outdated copies to prevent confusion.

Ohio Revised Code 2108.74 requires you to warrant the truthfulness of everything in the declaration.⁷ Keeping names, addresses, and phone numbers current protects that warranty and prevents practical problems when a funeral director tries to reach your representative.

One scenario people overlook: do not assume divorce automatically voids a former spouse’s appointment. If you named your spouse and later divorce, execute a new declaration naming someone else and make sure the old copies are destroyed.

A Note for Active-Duty Military

If you are an Ohio resident serving on active duty, Ohio Revised Code 2108.73 recognizes a properly signed DD Form 93 (Record of Emergency Data) as a valid written declaration.⁴ The DD Form 93 lets service members designate a Person Authorized to Direct Disposition, and 10 U.S.C. § 1482 places that designee above the surviving spouse and blood relatives for matters handled by the Department of Defense.⁸ For civilian funeral arrangements or to make sure Ohio funeral homes recognize your wishes independent of the military system, completing the state declaration as well gives you an extra layer of certainty.

1
Ohio Legislative Service Commission. Ohio Code 2108.72 – Written Declaration of Assignment
2
Ohio Legislative Service Commission. Ohio Code 2108.70 – Assignment of Rights Regarding Disposition of Remains
3
Ohio Legislative Service Commission. Ohio Code 2108.81 – Right of Disposition – No Declaration of Assignment
4
Ohio Legislative Service Commission. Ohio Code 2108.73 – Witnesses to Declaration of Assignment
5
Ohio Legislative Service Commission. Ohio Code 2108.75 – Disqualification
6
Funeral Consumers Alliance. Ohio Appointment of Representative for Disposition of Bodily Remains, Funeral Arrangements, and Burial or Cremation Goods and Services
7
Ohio Legislative Service Commission. Ohio Code 2108.74
8
Office of the Law Revision Counsel. 10 USC 1482 – Expenses Incident to Death