Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information provided here is intended to offer a general understanding of next-of-kin responsibilities in relation to biohazard cleanup and does not cover specific legal requirements. For guidance on your individual situation, please consult a qualified probate attorney or legal professional.
When an unattended death occurs, it can often be confusing for the affected family to figure out who has the legal right to make decisions, including for biohazard cleanup. Responsibility can fall to one of several parties, so we hope that this short guide can help make a difficult event a little more straightforward.
Executor or Estate Administrator
If a will exists, the executor named in that document holds primary legal authority to make decisions regarding biohazard cleanup of the decedent’s property. This may or may not be the next of kin.
In the absence of a will, state intestacy laws come into play and the court may appoint another family member. If next of kin decides to formally waive their rights to administer the estate, a professional estate administrator will be appointed to carry out the duties of an executor.
Next-of-Kin
If there is no executor appointed, then the responsible party is the next-of-kin. Arizona’s next of kin hierarchy is:
- Surviving spouse or partner
- Descendants (children/grandchildren)
- Parents
- Siblings
- Extended family
Note that neither unmarried partners nor informal agreements qualify as next of kin.
If someone has specific person they wish to be involved, it should made official in a legal document. Please consult a qualified probate attorney or legal professional.
Property Management Coordinating with Next of Kin or Executor
Biohazard cleanup for a death in a rental is coordinated between the next of kin or executor and property management. The financial responsibility of the cleanup can vary depending on the lease agreement and any insurance policies that may be in place.
If the decedent lived alone, the landlord must secure the unit and cannot remove any belongings without permission from the executor or next of kin. In the absence of next of kin, then state abandoned property laws must be followed.
If you are in need of biohazard cleanup for your relative’s home or rental property, call BioteamAZ at 602-770-4972 for a free consultation.
