Cremation Laws by State
Cremation has become an increasingly more popular memorialization option over the past few years. Many choose cremation over traditional burial for a variety of different reasons, including the reduced carbon footprint and typically lower cost. Cremation also offers more flexibility in terms of celebrating the life of the deceased, with many choosing to scatter the cremated remains.
However, there are limitations to this type of memorialization. And many U.S. states have various cremation laws that address how and where cremated remains (often referred to as cremains or ashes) can be scattered. For instance, there are differences in rules and regulations by state regarding scattering cremated remains on private and public land, as well as scattering at sea.
Those considering cremation should also know that some states have laws pertaining to the preparation of the body before cremation. Considering these differences in cremation rules by U.S. state, Memorialplanning.com has compiled thorough guides addressing various laws as they pertain to cremation, indexed by state. See below to learn about cremation laws in your state.
Delaware
Cremation laws in Delaware aren't necessarily vague, but they aren't particularly restrictive either. The relevant language on cremation includes ashes being "disposed of in such a way as is desired by the person receiving them." This means that there are no state-wide regulations that restrict how you may keep or dispose of a loved one's cremated remains. For the most part, except in situations where regulation is out of the state's hands, you have a wide choice in disposition.
Florida
Unlike some states, Florida cremation laws are, in general, quite permissive. In fact, there are no laws in the state that prevent you from keeping a loved one's ashes or scattering them. The only restriction is on where they can be scattered.
Illinois
In the state of Illinois, cremation has emerged as an increasingly prevalent choice for final disposition. Just like any decision related to one's final farewell, understanding the legal framework surrounding cremation is paramount to ensure compliance and the fulfillment of yours or your loved one's wishes. This page unravels the complexities of cremation laws in Illinois, providing clarity on requirements, permissible scattering locations, and restrictions.
Indiana
Unlike in some states, cremation laws in Indiana are fairly clear. To start, the law says that cremated remains can be kept by anyone who is legally entitled to own them, such as the next of kin. There are no legal restrictions when it comes to memorializing them within the many options of an Indiana cemetery, such as a cremation niche, crypt, or burial plot.
Kentucky
Fortunately, cremation laws in Kentucky are relatively straightforward. They're also relatively unrestricted in most cases. The law says that cremated remains can be kept by anyone who is legally entitled to own them, such as the next of kin. Loved ones can also place them in a crypt, niche, or even buried in a casket in a grave, or can scatter them in a designated area like a cemetery scattering garden.
Maryland
Maryland's cremation laws are relatively straightforward. They're also relatively unrestricted in most cases. The law says nothing about how cremated remains can be kept or scattered, though the Maryland Department of Health and Hygiene does urge people living in the state to be responsible with any in their possession. This means most options are available to you when it comes to memorialization.
Michigan
In the state of Michigan, as it is in many places in the United States, cremation has become a widely accepted and preferred method of disposition. There's a lot of reasons to recommend cremation - it's generally lower priced, it's often more environmentally friendly, and it's usually easier and less complicated than traditional burials. However, as with any end-of-life decision, understanding the legal framework surrounding cremation is crucial to ensure compliance and fulfillment of one's wishes.
New Jersey
Cremation, a method of disposition that involves incinerating the deceased's remains, has become increasingly popular in New Jersey. However, with increased interest comes the need to understand the laws surrounding cremation in New Jersey, to ensure compliance with state regulations and fulfillment of personal wishes.
Ohio
When faced with the loss of a loved one, making final arrangements can be an emotionally challenging and complex task. In recent years, cremation has emerged as a prevalent choice for final disposition, offering several perceived advantages over traditional burial methods. If you're considering cremation for your loved one, it's essential to understand the guidelines and laws surrounding cremation in Ohio to ensure a respectful and compliant process.
Pennsylvania
In the Commonwealth of Pennsylvania, cremation has emerged as a widely accepted and preferred method of disposition. However, as with any end-of-life decision, understanding the legal framework surrounding cremation is crucial to ensure compliance and fulfillment of one's wishes. Below, we'll delve into the intricacies of Pennsylvania cremation laws, providing clarity on requirements, permissible scattering locations, and restrictions. Here's what you need to know.
Delaware
Cremation laws in Delaware aren't necessarily vague, but they aren't particularly restrictive either. The relevant language on cremation includes ashes being "disposed of in such a way as is desired by the person receiving them." This means that there are no state-wide regulations that restrict how you may keep or dispose of a loved one's cremated remains. For the most part, except in situations where regulation is out of the state's hands, you have a wide choice in disposition.
Florida
Unlike some states, Florida cremation laws are, in general, quite permissive. In fact, there are no laws in the state that prevent you from keeping a loved one's ashes or scattering them. The only restriction is on where they can be scattered.
Illinois
In the state of Illinois, cremation has emerged as an increasingly prevalent choice for final disposition. Just like any decision related to one's final farewell, understanding the legal framework surrounding cremation is paramount to ensure compliance and the fulfillment of yours or your loved one's wishes. This page unravels the complexities of cremation laws in Illinois, providing clarity on requirements, permissible scattering locations, and restrictions.
Indiana
Unlike in some states, cremation laws in Indiana are fairly clear. To start, the law says that cremated remains can be kept by anyone who is legally entitled to own them, such as the next of kin. There are no legal restrictions when it comes to memorializing them within the many options of an Indiana cemetery, such as a cremation niche, crypt, or burial plot.
Kentucky
Fortunately, cremation laws in Kentucky are relatively straightforward. They're also relatively unrestricted in most cases. The law says that cremated remains can be kept by anyone who is legally entitled to own them, such as the next of kin. Loved ones can also place them in a crypt, niche, or even buried in a casket in a grave, or can scatter them in a designated area like a cemetery scattering garden.
Maryland
Maryland's cremation laws are relatively straightforward. They're also relatively unrestricted in most cases. The law says nothing about how cremated remains can be kept or scattered, though the Maryland Department of Health and Hygiene does urge people living in the state to be responsible with any in their possession. This means most options are available to you when it comes to memorialization.
Michigan
In the state of Michigan, as it is in many places in the United States, cremation has become a widely accepted and preferred method of disposition. There's a lot of reasons to recommend cremation - it's generally lower priced, it's often more environmentally friendly, and it's usually easier and less complicated than traditional burials. However, as with any end-of-life decision, understanding the legal framework surrounding cremation is crucial to ensure compliance and fulfillment of one's wishes.
New Jersey
Cremation, a method of disposition that involves incinerating the deceased's remains, has become increasingly popular in New Jersey. However, with increased interest comes the need to understand the laws surrounding cremation in New Jersey, to ensure compliance with state regulations and fulfillment of personal wishes.
Ohio
When faced with the loss of a loved one, making final arrangements can be an emotionally challenging and complex task. In recent years, cremation has emerged as a prevalent choice for final disposition, offering several perceived advantages over traditional burial methods. If you're considering cremation for your loved one, it's essential to understand the guidelines and laws surrounding cremation in Ohio to ensure a respectful and compliant process.
Pennsylvania
In the Commonwealth of Pennsylvania, cremation has emerged as a widely accepted and preferred method of disposition. However, as with any end-of-life decision, understanding the legal framework surrounding cremation is crucial to ensure compliance and fulfillment of one's wishes. Below, we'll delve into the intricacies of Pennsylvania cremation laws, providing clarity on requirements, permissible scattering locations, and restrictions. Here's what you need to know.