State-by-state Cremation Regulations and Requirements: What Varies, What's Required Everywhere, and How to Check Your State

When someone dies, you need answers. Not vague guidance or generic advice, but specific information about what the law requires where you live. This guide cuts through the confusion to give you a practical framework for understanding cremation requirements, what questions to ask, and where to verify the details that matter.

What Usually Changes by State

These five areas vary most across states and even counties:

Waiting periods range from 24 to 72 hours after death before cremation can proceed. Some states allow waivers for public health reasons.

Permit names and issuers differ significantly. Some states use a burial-transit permit that doubles as cremation authorization. Others issue separate cremation permits.

Who can file paperwork depends on state law. Some states require a licensed funeral director to obtain permits. Others allow families to handle filing themselves.

Authorization priority rules determine who has legal authority to sign for cremation when family members disagree.

Medical examiner involvement is required nationwide for suspicious deaths, but the triggers and timing vary by jurisdiction.

What's Required in Every State

Six requirements apply nationwide, regardless of where you live.

Death Certificate Filed Before Cremation

A physician, medical examiner, or coroner must certify the cause of death and complete the death certificate. The funeral director or person in charge of disposition files this document with the local registrar. You cannot proceed with cremation until this step is complete.

Cremation Authorization Form Signed by the Proper Person

The person with legal authority must sign a cremation authorization form. Most states follow this priority order: spouse first, then adult children by majority vote, then parents, then siblings. If the deceased left written instructions designating an agent, those often take precedence.

Family disputes can delay or prevent cremation. If you anticipate conflict, consult a provider or attorney immediately.

Permit Required

Every state requires a permit for final disposition. The local health department, registrar, or coroner issues this permit after reviewing the death certificate and authorization. Fees typically range from $10 to $40.

The permit name varies. Some states use a burial or transit permit that authorizes cremation. Others require a separate cremation permit.

Medical Examiner Review for Certain Deaths

If the death was unnatural, violent, suspicious, or unexplained, the medical examiner or coroner must review and approve before cremation can proceed. This is non-negotiable nationwide and can add time to the process.

No Legal Requirement for Embalming or a Casket

No state requires embalming for cremation. No state legally mandates a casket or burial vault. A combustible container is sufficient. This is typically a simple cardboard or wooden cremation container.

Some crematories have their own container policies, but these are provider requirements, not laws.

Direct Cremation Is Legal Nationwide

Direct cremation means transporting the body directly to the crematory without a viewing or formal service. This option is legal in all 50 states and reduces costs significantly. You still need to complete all required paperwork and obtain proper authorization.

Waiting Periods and Timelines

Most states enforce waiting periods to allow time for investigation and paperwork completion.

Typical Range

24 to 48 hours is most common. Some states mandate longer waits.

Verified State Examples

Arizona: 24 hours

California: 48 hours

New York: Death certificate must be filed within 72 hours before the cremation permit is issued

North Carolina: 24 hours, but the medical examiner can waive this requirement for communicable disease cases

Ohio: 24 hours, with possible waiver from the board of health for communicable disease concerns

Tennessee: 48 hours unless waived by the medical examiner

Texas: 48 hours, with possible waiver depending on circumstances

What Causes Delays

Delays commonly stem from:

• Death certificate certification, especially if the physician is unavailable
• Medical examiner review requirements
• Family authorization disputes
• Permit office hours and weekend closures

Ask your provider these questions: What is the minimum waiting period in this county? Who submits the death certificate? How long does the permit typically take to process?

Who Can Arrange Cremation

States follow one of two models.

Model A: Funeral Director Required

Nine states restrict non-funeral director involvement: Connecticut, Illinois, Indiana, Iowa, Louisiana, Michigan, Nebraska, New Jersey, and New York. In these states, a licensed funeral director must oversee final disposition, file the death certificate, and obtain permits.

Model B: Family May File

In most states, families can act as their own funeral director if the crematory agrees to work directly with them. However, many crematories still require funeral director involvement for liability or operational reasons.

How This Looks in Practice

New York: A licensed funeral director must file the death certificate and obtain all permits. You must arrange cremation through a funeral director.

Ohio: No legal requirement to use a funeral director, but some crematories require one. The burial permit also authorizes cremation. No separate permit needed.

Colorado: Families can file the death certificate and obtain a disposition permit from the county registrar or coroner. Funeral director not required by law.

Texas: No legal requirement for a funeral director, but crematories may require one. A burial-transit permit serves as the cremation permit.

North Carolina: No legal requirement, but some crematories require funeral director involvement.

Kentucky: No funeral director required by law, but you must obtain an additional permit from the coroner before cremation.

When Families Choose a Funeral Director

Many families choose to work with a funeral director even when not legally required, especially when dealing with:

• Complex logistics or out-of-state transport
• Family disagreements about arrangements
• Time pressure to complete arrangements quickly
• Uncertainty about local processes and paperwork

Alternative Disposition Methods

Alkaline Hydrolysis (Aquamation)

Alkaline hydrolysis uses water and alkaline chemicals instead of flame to reduce the body. Also called water cremation or aquamation, this method is legal in at least 28 states as of 2025.

States where alkaline hydrolysis is legal include California, Florida, Georgia, Illinois, Minnesota, Nevada, Oregon, and Washington. New Hampshire is the only state where it is explicitly illegal. Maryland legalized the practice effective October 1, 2024.

Even where legal, facility availability remains limited. Verify with your state funeral board or health department whether any providers in your area offer this option.

Scattering and Keeping Cremated Remains

Baseline Rules

Private property: Generally allowed with the landowner's permission

Public lands and parks: Often require a permit. Rules vary by city, county, and state park system.

At sea: Federal rules require scattering at least 3 nautical miles offshore. The EPA requires notification within 30 days for certain ocean dispositions.

Before You Scatter, Verify

Who administers the location? Private owner, city, county, state park, or federal land?

Is a permit or written permission required?

Are there container requirements, such as biodegradable materials only?

Consumer Rights and Costs

Federal Trade Commission Funeral Rule

This federal law requires funeral providers to give you a General Price List with itemized costs before discussing specific arrangements. They must include direct cremation options on this list.

What Affects Total Cost

Permit fees typically range from $10 to $40. Total costs depend on provider pricing, transportation distance, and optional services you choose.

When comparing providers, look for these line items:

• Basic services fee
• Transportation fee
• Crematory fee
• Container cost
• Permit fees
• Death certificate copies

State-by-State Requirements Directory

Use these entries as starting points. Each includes verified information where available and highlights what you must confirm locally. The format is: Waiting period (if known) | Permit details | Funeral director requirement | Key notes | Where to verify.

Alabama

Verify with the Alabama Department of Public Health Vital Records Office and Alabama Funeral Directors Association for county-specific requirements.

Alaska

Contact the Alaska Bureau of Vital Statistics and state funeral board.

Arizona

Waiting period: 24 hours. Verify permit type and funeral director requirements with the Arizona Department of Health Services and county registrar.

Arkansas

Contact the Arkansas Department of Health and county vital records office.

California

Waiting period: 48 hours. Verify permit requirements with the California Department of Public Health and local registrar. Funeral director not required by state law but often used.

Colorado

Permit: Disposition permit from county registrar or coroner. Funeral director: Not required by law. Some crematories require one. Verify with county registrar.

Connecticut

Funeral director involvement restricted. Verify scope of required involvement with Connecticut Department of Public Health and local registrar.

Delaware

Contact the Delaware Division of Public Health and county offices.

Florida

Check with the Florida Department of Health and Florida Board of Funeral Directors.

Georgia

Contact the Georgia Department of Public Health and county vital records.

Hawaii

Check with the Hawaii Department of Health.

Idaho

Contact the Idaho Bureau of Vital Records and Health Statistics.

Illinois

Funeral director involvement restricted. Verify exact requirements with the Illinois Department of Public Health and local funeral board.

Indiana

Funeral director involvement restricted. Check with the Indiana State Department of Health and state funeral board.

Iowa

Funeral director involvement restricted. Verify with the Iowa Department of Public Health and Iowa Funeral Directors Association.

Kansas

Contact the Kansas Department of Health and Environment.

Kentucky

Permit: Burial permit required plus additional coroner permit for cremation. Funeral director: Not required by law, but crematory policies vary. Verify with county coroner and registrar.

Louisiana

Funeral director involvement restricted. Verify with the Louisiana Department of Health and state funeral board.

Maine

Contact the Maine Department of Health and Human Services.

Maryland

Alkaline hydrolysis became legal October 1, 2024. Verify availability and permit requirements with the Maryland Department of Health.

Massachusetts

Contact the Massachusetts Department of Public Health and state funeral board.

Michigan

Funeral director involvement restricted. Verify with the Michigan Department of Licensing and Regulatory Affairs.

Minnesota

Contact the Minnesota Department of Health.

Mississippi

Contact the Mississippi State Department of Health.

Missouri

Contact the Missouri Department of Health and Senior Services.

Montana

Contact the Montana Department of Public Health and Human Services.

Nebraska

Funeral director involvement restricted. Verify with the Nebraska Department of Health and Human Services.

Nevada

Contact the Nevada Division of Public and Behavioral Health.

New Hampshire

Alkaline hydrolysis is explicitly illegal. Verify other requirements with the New Hampshire Department of Health and Human Services.

New Jersey

Funeral director involvement restricted. Verify with the New Jersey Department of Health and state funeral board.

New Mexico

Contact the New Mexico Department of Health.

New York

Waiting period: Death certificate must be filed within 72 hours. Permit: Issued by local registrar after filing. Funeral director: Required by law to oversee disposition and obtain permits. Verify with local registrar and New York State Department of Health.

North Carolina

Waiting period: 24 hours (waivable by medical examiner for communicable disease). Death certificate filing: Within five days. Funeral director: Not required by law, but some crematories require one. Verify with county registrar.

North Dakota

Contact the North Dakota Department of Health.

Ohio

Waiting period: 24 hours (waivable by board of health for communicable disease). Permit: Burial permit authorizes cremation. No separate permit needed. Funeral director: Not required by law. Verify with local registrar.

Oklahoma

Contact the Oklahoma State Department of Health.

Oregon

Contact the Oregon Health Authority.

Pennsylvania

Contact the Pennsylvania Department of Health and state funeral board.

Rhode Island

Contact the Rhode Island Department of Health.

South Carolina

Contact the South Carolina Department of Health and Environmental Control.

South Dakota

Contact the South Dakota Department of Health.

Tennessee

Waiting period: 48 hours unless waived by medical examiner. Death certificate filing: Within five days. Funeral director: Not required by law. Verify with Tennessee Department of Health.

Texas

Waiting period: 48 hours, may be waivable. Permit: Burial-transit permit serves as cremation permit. Funeral director: Not required by law, but crematories may require one. Verify with local registrar.

Utah

Contact the Utah Department of Health and Human Services.

Vermont

Contact the Vermont Department of Health.

Virginia

Contact the Virginia Department of Health.

Washington

Contact the Washington State Department of Health.

West Virginia

Contact the West Virginia Department of Health and Human Resources.

Wisconsin

Contact the Wisconsin Department of Health Services.

Wyoming

Contact the Wyoming Department of Health.

Common Scenarios

We disagree about cremation. Who decides?

State law establishes a priority order for authorization. Typically spouse first, then adult children by majority vote, then parents, then siblings. Disputes can delay or prevent cremation.

If your family cannot agree, contact a funeral director or attorney immediately. Some states have specific dispute resolution processes. Others require court intervention.

The death was unexpected. What happens next?

A medical examiner or coroner must review any unnatural, violent, or suspicious death before cremation. This review can take hours or days depending on the jurisdiction. The death certificate cannot be finalized until the medical examiner determines the cause of death.

Ask the medical examiner's office about expected timelines and whether they will notify you when clearance is granted.

Can we transport the body ourselves?

If your state allows family-directed arrangements, you may transport the body yourself after obtaining the proper permit. Some crematories refuse direct family delivery for liability reasons.

Always verify with both the permit issuer (registrar or coroner) and the crematory before transporting.

Do we have to buy a casket?

No state legally requires a casket for cremation. A combustible container is sufficient. Some crematories have specific container standards, but these are provider policies, not legal mandates.

Ask the crematory about acceptable containers and whether you can supply your own.

Can we scatter ashes anywhere?

Private property scattering requires the landowner's permission. Public lands often require permits. Ocean scattering must occur at least 3 nautical miles offshore, with EPA notification for certain cases.

Always check local rules for your chosen location.

What to Do Next

Most cremation requirements follow a straightforward path: file the death certificate, obtain the necessary permits, and secure proper authorization from the legal next-of-kin. The differences between states involve waiting periods, who can file paperwork, and whether a funeral director is required.

Confirm the specific details with official state and local agencies. Contact the health department, vital records office, funeral board, and medical examiner. Work with a reputable crematory or funeral director who can guide you through your jurisdiction's specific requirements.

Laws and policies change. Local practices may be stricter than state minimums. This guide prepares you for what to ask and where to check, but it does not replace professional guidance specific to your situation. When in doubt, ask questions and verify locally.