Article 3 of the law of 15 November 1887 on the freedom of funerals, recognizing the right of every person of full age and emancipated minor to decide freely on the conditions of his own funeral, laid down the fundamental principle of respect Of the wishes of the deceased.
In the absence of any expression in the form of a will or a declaration under private signature, the name of the person responsible for the funeral, “person entitled to funeral” means any person who, The stable and permanent bond which united it to the deceased person appears or may be presumed to be the best interpreter of the deceased’s wishes.
This is the meaning of the ministerial response published in the Official Journal of 16 June 2009 (page5936) http://questions.assemblee-nationale.fr/q13/13-48153QE.htm )
This is usually a close relative (surviving spouse when the spouses lived on good terms, father and mother, children, nearest collateral).
But it is easy to conceive that the law can not proceed to its a priori determination .
In the event of a dispute over the conditions of the funeral, it must be decided by the district court in whose jurisdiction the death occurred (Articles 1061-1 of the Code of Civil Procedure (CPC) and R. 221- 7 and R. 221-47 of the Code of Judicial Organization (COJ)).
It shall then be for that court, seised by the most diligent party, to give a ruling within twenty-four hours .
The application, which can be formed by assignment , can also be submitted to the office by a simple request and does not require the assistance of a lawyer.