Except as provided in §§ 34-26-74 and 34-26-76, the duty to bury, find a grave for, and provide the grave of the deceased person with a permanent concrete, metal anchored in concrete, or stone marker, and the right and the duty to control the disposition of the a decedent's remains of a deceased person, including the location, manner, and conditions of disposition, and arrangements for the provision of funeral goods and services to be provided, vests in the following, in the order named, provided such the person is 18 years or older and is of sound mind: (1) A person designated by the decedent as the person with the right to control the disposition in an affidavit executed, in accordance with § 34-26-77; (2) A person designated in the federal Record of Emergency Date Form DD 93, or its successor form, to have the right of disposition by a member of the military who dies while under active-duty orders, as described in 10 U.S.C. § 1481, in effect on January 1, 2022; (3) The surviving decedent's spouse; (4) The sole surviving child of the decedent, or if there is more than one child of the decedent, the majority of the surviving decedent's children. However, less than one-half of the surviving children are vested with the rights of this section, provided that a lesser number must suffice if they have used made reasonable efforts to notify all the other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving childrenthe majority; (5) The surviving parent or parents of the decedent. If or one of the surviving parents is absent, the remaining parent is vested with the rights and duties of this section 26 afterparent of the decedent, if reasonable efforts to locate the other parent have been unsuccessful in locating the absent surviving parent; (6) The surviving brother or sister sibling of the decedent, or if there is more than one sibling of the decedent, or the majority of the surviving decedent's siblings. However, less than the majority of surviving siblings are vested with the rights and duties of this section, provided that a lesser number must suffice if they have used made reasonable efforts to notify all the other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving siblingsthe majority; (7) The surviving grandparent of the decedent, or if there is more than one surviving grandparent, or the majority of the decedent's grandparents. However, less than the majority of the surviving grandparents are vested with the rights and duties of this section, provided that a lesser number must suffice if they have used made reasonable efforts to notify all otherthe other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving grandparentsthe majority; (8) The guardian of the person of the decedent at the time of the decedent’s death, if one had been appointeddecedent's guardian; (9) The person named as the personal representative in the decedent's last will and testament of the decedent; (10) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distributionto inherit the estate of the decedent. If, provided if there is more than one person of the same degree, any person of that degree may exercise the right ofcontrol the disposition; (11) If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, theThe public officer, administrator, or employee responsible for arranging the final disposition of decedent’s remainsdispositions, if the decedent was the responsibility of the state or a political subdivision of this state; or (12) In the absence of any person under subdivisions (1) to (11), inclusive, of this section, anyAny other person willing to assume the responsibilities to act and arrange the final disposition of the decedent’s remainsperson, including the funeral director with custody of the body, after attesting in writingprovided the person attests that a good faith effort hasreasonable efforts have been made to no avail 34 to contact the individuals under subdivisions (1) to (11), inclusive, of other persons listed in this section. For the purposes of this section, the right and the duty to control disposition includes providing authorization for a cremation.