The Short Answer

In Pennsylvania, the right to control a decedent’s remains (including cremated remains/ashes) generally belongs to the person with legal authority under state law—not simply whoever is currently holding the ashes. If a non-biological relative refuses to return the ashes, you may be able to ask the Orphans’ Court to intervene and issue an order directing proper custody and disposition.

What Pennsylvania Law Says

Pennsylvania courts can exercise jurisdiction in matters involving a decedent and can act on a petition by an interested party. In a dispute over ashes, the key legal issue is typically who has the legal right to control disposition/custody (often guided by the decedent’s expressed wishes, and otherwise by the priority of family/next-of-kin rights). When someone without legal priority withholds ashes, the dispute can become a court-supervised matter requiring an enforceable order.

The Statute

The primary law governing the court process to seek relief is 20 Pa.C.S. § 8304.

This statute establishes that jurisdiction under that chapter is exercised by the court upon petition of a party in interest, and the court can require notice, terms, and security as it directs—meaning the court can structure and enforce relief through a formal petition process.

Why You Should Speak with an Attorney

While the statute provides the general authority for the court to act on petition, applying it to an ashes dispute is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If emergency relief is needed to prevent scattering, transfer, or other irreversible actions, timing matters. In related “remains” disputes, Pennsylvania law can involve very short time windows for court intervention depending on the posture of the case.
• Burden of Proof: You may need evidence of the decedent’s wishes (written or credible witness testimony), proof of your legal relationship/priority, and proof of the other person’s refusal or threatened actions.
• Exceptions: Disputes can turn on issues like waiver, family conflict, or whether someone with higher priority is disqualified—issues that often require careful legal analysis and persuasive presentation to the Orphans’ Court.

Trying to handle this alone can lead to delays or an order that is too narrow to be enforceable when you need it most. An attorney can quickly identify the correct court, the correct legal theory, and the type of order that is most likely to result in the ashes being returned or properly placed.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.