American Cremation Law: A State-by-State Overview

Cremation has become an increasingly popular choice for many Americans these days and if we move back in the history, in the year 1960, the cremation rate in America was just 3.5% and now in the present year 2024, its around 60% and future predication says, that in the year 2032, the cremation rate will touch more than 75%

The above figures clearly shows that, American are more moving towards cremation rather then burials .

However, cremation laws vary significantly across various states, with different regulations governing the process, rights of disposition, and necessary documentation. This article provides an overview of cremation laws in the United States, organized by state.

General Overview of Cremation Law

Before delving into individual states, it's important to understand the general framework of cremation laws. In most cases, cremation must comply with state laws that govern:

  • Authorization: A legally authorized person must consent to the cremation.
  • Crematory Licensing: Crematories must be licensed and meet state regulatory standards.
  • Body Identification: Procedures must be in place to identify the body prior to cremation.
  • Disposal of Ashes: Regulations often govern how ashes can be disposed of or scattered.

State-Specific Cremation Laws

Alabama

In Alabama, the next of kin must authorize cremation, and crematories must be licensed by the state. The law also requires that bodies be identified before cremation. Alabama has specific rules regarding the handling of ashes, allowing scattering in designated areas.

Alaska

Alaska allows cremation with proper authorization from the next of kin. The state requires that crematories maintain records of all cremations, including identification and authorization documentation. Regulations exist regarding the disposition of ashes, particularly in public areas.

Arizona

Arizona law requires a signed authorization form from the next of kin. Crematories must be licensed and adhere to health regulations. The state does not require a waiting period between death and cremation, although some funeral homes may implement one.

Arkansas

In Arkansas, cremation requires written consent from the legally authorized person. The state mandates that crematories be licensed and follow health and safety regulations. Disposition of ashes is generally at the discretion of the family.

California

California has detailed regulations regarding cremation, including the requirement for a "Cremation Authorization Form." The law also specifies that crematories must be licensed and regulated by the California Department of Consumer Affairs. Families must be informed about their options for handling ashes.

Colorado

In Colorado, a written consent is required from the next of kin. Crematories must be licensed and comply with both state and local regulations. Colorado allows the scattering of ashes in designated areas, provided that local ordinances are followed.

Connecticut

Connecticut requires written authorization from the next of kin for cremation. Crematories must be licensed and maintain strict records of each cremation. The state permits the scattering of ashes, subject to local regulations.

Delaware

Delaware law mandates that a legally authorized person give consent for cremation. Crematories must be licensed, and there are specific record-keeping requirements. The disposal of ashes is generally left to the discretion of the family.

Florida

In Florida, written authorization from the next of kin is required for cremation, Oral consent is not legally sufficient. The state has specific guidelines for crematory licensing and mandates that crematories maintain detailed records. Florida law permits the scattering of ashes in certain locations, but local regulations may apply.

Georgia

Georgia requires written consent for cremation from the next of kin or a legally authorized person. Crematories must be licensed, and records of each cremation must be maintained. The law also governs the handling of ashes, allowing families to choose their method of disposal.

Hawaii

In Hawaii, cremation requires authorization from the next of kin. Crematories must be licensed and adhere to health regulations. The state allows for the scattering of ashes in specific areas, though permits may be required in certain locations.

Idaho

Idaho requires written consent for cremation, typically from the next of kin. Crematories must be licensed, and the state has specific regulations regarding the identification of remains and the disposal of ashes.

Illinois

Illinois law mandates that cremation requires the written consent of the next of kin. Crematories must be licensed, and there are strict record-keeping requirements. The state allows families to scatter ashes, but local regulations must be observed.

Illinois has a mandatory legal waiting time of 24 hours before the actual cremation can occur. No casket is legally required for cremation, but a rigid combustible container such as cremation urn must be used.

Indiana

In Indiana, a legally authorized person must provide written consent for cremation. Crematories are required to be licensed and follow health and safety regulations. The state permits the scattering of ashes in many public areas, subject to local rules.

Iowa

Iowa requires written consent for cremation from the next of kin. The state mandates that crematories be licensed and maintain detailed records. Disposition of ashes is generally at the family's discretion.

Kansas

Kansas law requires that a legally authorized person provide consent for cremation. Crematories must be licensed and adhere to health regulations. Kansas allows the scattering of ashes, but families must follow any local ordinances. In Kansas, you are allowed to conduct your own funeral arrangements without requiring a service of funeral directors from funeral homes .

Kentucky

In Kentucky, cremation requires written consent from the next of kin. The state mandates that crematories be licensed and maintain records. Ashes can be scattered, but local laws may impose restrictions.

Louisiana

Louisiana law mandates that written consent for cremation must come from the next of kin. Crematories must be licensed and maintain records of each cremation. The state allows the scattering of ashes, provided it complies with local laws.

Maine

Maine requires written consent from the next of kin for cremation. Crematories must be licensed, and there are specific record-keeping requirements. The state allows families to scatter ashes but advises checking local regulations.

Maryland

In Maryland, cremation requires written consent from the next of kin. Maryland law does not require that cremated remains be placed in a cemetery. Crematories must be licensed and comply with health regulations. Families are allowed to dispose of ashes as they see fit, subject to local laws.

Massachusetts

Massachusetts mandates that a legally authorized person must provide written consent for cremation. Crematories must be licensed, and detailed records must be maintained. Ash scattering is permitted, but local regulations may apply.

Michigan

Michigan requires written authorization from the next of kin for cremation. The state mandates that crematories be licensed and follow health and safety guidelines. Ashes can be scattered, but families should adhere to local laws.

Minnesota

In Minnesota, a legally authorized person must consent to cremation in writing. Crematories must be licensed, and the state has specific record-keeping requirements. Ash scattering is allowed, with some local restrictions.

Mississippi

Mississippi requires written consent for cremation from the next of kin. Crematories must be licensed and follow health regulations. The state permits the scattering of ashes, provided local laws are respected.

Missouri

In Missouri, a legally authorized person must provide written consent for cremation. Crematories must be licensed and maintain records of each cremation. Ash disposal is generally at the family's discretion.

Montana

Montana law requires written authorization for cremation from the next of kin. Crematories must be licensed and comply with health regulations. Ash scattering is allowed, but families should check local ordinances.

Nebraska

In Nebraska, written consent for cremation is required from the next of kin. Crematories must be licensed, and the state mandates specific record-keeping practices. Ash scattering is permitted, subject to local laws.

Nevada

Nevada requires a legally authorized person to provide written consent for cremation. Crematories must be licensed, and there are specific regulations for handling and disposing of ashes.

New Hampshire

In New Hampshire, cremation requires written consent from the next of kin. Crematories must be licensed, and detailed records must be kept. Ashes can be scattered, but families should follow local regulations.

New Jersey

New Jersey mandates that written authorization for cremation come from the next of kin. Crematories must be licensed and adhere to health regulations. The state allows for ash scattering, subject to local ordinances.

New Mexico

In New Mexico, a legally authorized person must consent to cremation in writing. Crematories must be licensed and maintain records. Families can scatter ashes, but they must comply with local laws.

New York

New York law requires written consent for cremation from the next of kin. Crematories must be licensed, and there are specific requirements for record-keeping. Ash scattering is allowed, with certain local restrictions.

North Carolina

North Carolina requires written consent for cremation from the next of kin. Crematories must be licensed, and detailed records must be maintained. Ashes can be scattered, but families should check local ordinances.

North Dakota

In North Dakota, written consent for cremation is required from the next of kin. Crematories must be licensed and comply with health regulations. Ash disposal is generally at the discretion of the family.

Ohio

Ohio law mandates that a legally authorized person must provide written consent for cremation. Crematories must be licensed, and the state requires detailed record-keeping. Ash scattering is permitted, subject to local laws.

Oklahoma

In Oklahoma, cremation requires written consent from the next of kin. Crematories must be licensed and adhere to health regulations. Ashes can be scattered, but local laws may impose restrictions.

Oregon

Oregon requires written authorization for cremation from the next of kin. Crematories must be licensed, and the state has specific regulations for handling ashes, including scattering.

Pennsylvania

In Pennsylvania, a legally authorized person must provide written consent for cremation. Crematories must be licensed, and record-keeping is required. Ash scattering is allowed, but families should comply with local regulations.

Rhode Island

Rhode Island mandates written consent for cremation from the next of kin. Crematories must be licensed and maintain records of each cremation. The state allows for the scattering of ashes, subject to local laws.

South Carolina

In South Carolina, written consent for cremation is required from the next of kin. Crematories must be licensed, and detailed records must be kept. Ash scattering is permitted, subject to local ordinances.

South Dakota

South Dakota law requires written authorization for cremation from the next of kin. Crematories must be licensed, and there are specific regulations regarding ash disposal.

Tennessee

Tennessee requires written consent for cremation from the next of kin. Crematories must be licensed and maintain records. The state permits ash scattering, but families should check local regulations.

Texas

In Texas, a legally authorized person must provide written consent for cremation. Crematories must be licensed and follow health regulations. Ash scattering is allowed, with some local restrictions.

I hope we have covered maximum US states, if not, you can please visit National Funeral Directors Association website to see cremation law for the left over states from our article.

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