(1) the individual is identified by a law enforcement agency as a person of interest and likely to be prosecuted or is under prosecution for first or second degree murder or voluntary manslaughter in connection with the decedent's death, if the status of the investigation or the prosecution is known to the funeral director or crematory operator, except that if the prosecution is not pursued or the individual is acquitted of the alleged crime before the remains are disposed of, the individual shall regain the right;

(2) the individual does not exercise the right of disposition within three days of notification of the death or within five days of the decedent's time of death, whichever is earlier;

(3) the Probate Division of the Superior Court pursuant to section 5231 of this title determines that the individual entitled to the right of disposition and the decedent were estranged at the time of death; or

(4) as otherwise ordered by the Probate Division of the Superior Court. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)