|
Arlington National Cemetery
Many of our clients desire to be buried in Arlington National Cemetery after death. This is a prestigious honor for those who have served our country and are eligible for burial or interment at this historical Veteran’s National Cemetery. While it has become fairly well-known that burial at Arlington National Cemetery will not occur immediately after the decedent’s death (often taking a year or more to be scheduled), there is another hurdle that families may not realize they will face in arranging a loved one’s final resting place at Arlington. Only someone designated as the decedent’s “Person Authorized to Direct Disposition of Human Remains” (“PADD”) or the decedent’s “Primary Next of Kin” (“PNOK”) will have the authority to make these arrangements.
One way a service member can designate his PADD is by completing DD Form 93, Record of Emergency Data, during his lifetime. However, even if the service member knows to do this and properly completes the form, it does not guarantee that the individuals identified on the form will be considered “eligible” PADDs at the time of the service member’s death. DD Form 93, which is currently available online, states that it will “expire” on February 28, 2026. Additionally, this current version of the form states that the previous version is “obsolete.” Thus, unless the service member happens to die within the three (3) years that this form is in effect, the form is arguably ineffective in designating a PADD.
If the service member does not designate a PADD, then the Department of Defense imposes an order of priority for the decedent’s family members who are eligible to make this decision. This is the PNOK. What most people do not realize is that the decedent’s personal representative, or executor, is listed last in priority, behind the decedent’s spouse, adult children in the order of their birth, parents, siblings, and grandparents, among others. Thus, unless the executor is specifically granted the authority to serve as the PADD in the decedent’s will, she will not be able to serve in this role if someone higher on the list of priority is alive.
Clients often have very legitimate reasons for naming someone other than the spouse or the oldest child as the executor of the will. However, unless the will specifically states that the executor is to be treated as the decedent’s PADD, the executor, who is likely the best person suited for the job, will not have the necessary authority to make funeral and burial arrangements at Arlington.
But, even if there is no one available to serve as PADD who is listed higher on the priority list than the executor, the executor may still be unable to serve as PADD if the decedent’s will does not specifically name the executor as the PADD. According to the Department of Defense guidelines, the executor must be “properly appointed by a civil court having jurisdiction of the decedent’s estate.” Logically, probating the will and presenting a certificate of qualification from the Circuit Court Clerk’s Office should be sufficient evidence that the executor has sufficient authority. However, we recently experienced a situation where Arlington refused to accept the documentation appointing the executor and would not work with the executor unless he produced a court order, signed by a judge, granting him the specific authority to arrange for his father’s interment at Arlington. Not only did this create an additional expense for the decedent’s estate, it also further delayed the family’s ability to obtain closure.
To ensure that the right person is appointed as your PADD and can go through the process of arranging your funeral and burial with Arlington, it is best practice to state clearly in your Last Will and Testament who you wish to serve as your PADD and provide a specific grant of authority to work with officials at Arlington National Cemetery to direct the disposition of your remains. If you are eligible and desire to be interred or buried at Arlington but do not have this stated in your Will, we recommend you consider executing a codicil to your will providing these instructions.
| 
