Cremation Laws vary from state to state. However, the information in this article will give you a general idea of some of the laws that are consistent from state to state. If you have any other questions about cremation, please explore the rest of our site where you can learn more about cremation. Most of the laws address issues such as how long the person must be dead prior to cremation, how many bodies can be placed in the cremation chamber at a time, and other issues about preparing the body.
How a Body is Prepared for Cremation
Every state has different laws about how a body must be prepared for cremation. If the body is going to be shipped to another location, it must be embalmed. In some states, the body must be embalmed regardless of the length of time between death and cremation. In other states, if the body is going to be cremated quickly, it does not have to be embalmed. However, it must be refrigerated. This protects crematorium workers from the risk of infections.
Cremation Laws: When a Body Can be Cremated
The length of time that a person must be dead prior to cremation varies from state to state. However, most states require that the person be dead for at least twenty four hours prior to the cremation. The reason for the waiting period is because once the body has been cremated, an autopsy cannot be performed to determine the exact cause of death. In some states, the county coroner or medical examiner must give their permission before the body can be legally cremated.
Individual versus Group Cremation
Most state laws mandate that each body must be cremated separately. In fact, most crematoriums have rigid cleaning guidelines that are followed between each
cremation to ensure that no remains commingle. However, in certain states, if the family signs a waiver, close relatives may be cremated together. This issue usually only arises when family members have died together in tragedies like car accidents or fires.
Caskets
Most state laws do not require the body to be placed in a casket for the cremation. However, most crematoriums do require some sort of container for the body. The containers should be water proof to prevent leaks and combustible so that they will burn with the body.
Cremation Laws: about Remains
Unfortunately, remains cannot legally just be scattered anywhere. However, they can legally be buried or spread on private property. They can be buried in a cemetery if the required plot fee is paid. Typically this fee will be smaller than the fee charged for a casket plot as an urn requires less space. Legally, remains can be scattered in some public places. If you are interested in scattering the remains of a loved one in a certain area, you should check the local laws in that area.
Losing a loved one can be a difficult process. However, the process is made much easier when the remaining family members understand the laws governing death, burial and cremation. Although cremation laws vary, the information here will give you a good understanding of what you can expect in your state.