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Cremation Laws & Regulation Around Spreading of Ashes

By: Serena Tanner • Edited by: Katelynne Shepard • Subject Matter Expert Reviewed by: Sarah-Jane Williams, LL.B(Hons) • 9 cited sources • Updated Oct 14, 2024

After the death of a close loved one, you have a lot to consider. You’re grieving, and a lot of processes take place nearly immediately after their loss while you’re probably still reeling from the news. One such consideration is cremation. 

If you want to cremate your loved one or if your loved one indicated that they wish to be cremated after death, there’s more to do than simply send them to the funeral home. There’s paperwork to complete and potentially a waiting period before the cremation process can even occur. Afterward, you may have to figure out how to travel with your loved one’s cremated remains or where to scatter them. 

Before any of that can occur, it’s crucial that you research your local laws surrounding the disposal of human remains. While generally, you can scatter cremated remains, the area where you want to scatter them may have certain laws guiding the process. Learning those regulations can help you scatter your loved one’s ashes safely and legally.

Key Takeaways

• Cremation often requires certain paperwork and authorization before it can occur.
• Laws surrounding cremation and the scattering of ashes vary from state to state and jurisdiction to jurisdiction.
• Scattering your loved one’s ashes can be an important part of your grieving process, but it must follow local laws.

Laws to Know When Considering the Cremation of a Loved One

After the death of a loved one, you may have chosen to have them cremated. While states may have their own regulations and legalities surrounding cremation and the scattering of ashes^[1], there are also several fundamental cremation laws and regulations that most jurisdictions follow. 

Official Authorization for Cremation

Before a body can be cremated, authorization must first be obtained. States have their own forms for this, such as a cremation authorization or permit. However, generally speaking, cremation requires consent from the deceased’s next of kin. Next of kin is often the spouse of the deceased but may also be a child, a parent, or another close relative.

Many states, such as Washington^[2], Kentucky^[3], and Tennessee^[4], require a death certificate to be filed prior to cremation. Be sure to check the regulations in your state to know what’s necessary for cremation.

Mandatory Waiting Periods

Most states require a mandatory waiting period between the time of death and cremation^[5]. This is because both fire and water cremations eliminate DNA and the body. To allow the cause of death to be investigated, this time is built into many state laws. Burials do not require this because bodies can be retrieved for autopsy if necessary.

Mandatory waiting times are typically between 24 and 72 hours, but cremation processes may take longer. 

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Medical Examiner or Coroner Approval

To verify the cause of death, medical examiner or coroner approval is often necessary. Some states require an autopsy to determine the cause of death when it’s sudden or unexpected prior to the final disposition of the body^[6]. However, they’re not typically required when death is expected, such as if someone has a medical condition under the care of a doctor, has a documented terminal illness, or is in hospice at the time of death.

Transporting Cremated Remains

In some cases, cremated remains may be carried across state or international boundaries. Some airlines require notice that you will be transporting cremated remains, and you may need to provide a death certificate and cremation permit.

It’s generally recommended that, if you’re going to travel by plane, you get an affidavit of non-contraband from your funeral home or cremation provider to verify that you are, in fact, carrying cremated remains.

According to the TSA, cremated remains must be transported in security-friendly containers made of plastic, wood, or other lightweight materials^[7]. TSA employees cannot open urns to verify their contents, so they must be passed through an X-ray machine. If the container cannot pass through the X-ray, it cannot be taken on the plane.

Legal Requirements for Scattering Ashes

Some people find peace in scattering their loved one’s ashes somewhere significant. However, there may be legal requirements to avoid trouble, and these may vary from jurisdiction to jurisdiction.

If you’re preparing to scatter your loved one’s ashes, review your local laws for guidance. While cremated remains are safe and inert and won’t hurt the environment or pose any risk to people or animals, you may still need a permit and may still be bound by certain regulations.

In Washington, for example, you must have permission from a landowner to scatter ashes on private property. Certain public places are permissible, such as national parks, state trust uplands, or public navigable waters. To scatter ashes in the ocean in Washington, they must be beyond the mean lower low water mark and must follow guidelines for burial at sea^[8].

Common Sites for Spreading Ashes of a Loved One

People may choose personal locations to scatter their loved one’s ashes. Some people may also say they want their ashes scattered in a certain place after death, leaving family members to carry on the task in their memory. 

Sometimes, spreading ashes can serve as a last memorial for your loved one instead of a funeral. However, it’s important to do so legally. Where you can scatter ashes depends on several factors, including your local jurisdiction’s legal requirements.

For example, many people wish to scatter ashes at Disneyland. However, as California requires written permission from a property owner^[9] to spread ashes on private property, doing so without seeking approval is punishable by a fine and up to 6 months in jail. 

Some people prefer to scatter ashes at public or national parks or beaches that hold significant meaning to them. Others might choose to go to the forest or up the mountains or create their own memorial garden. 

Scattering ashes in oceans or at beaches may require you to follow certain regulations, as detailed previously. A national park may require you to seek permission from the ranger in charge. 

If the area you wish to scatter ashes is someone’s personal property, you must seek permission from the landowner before scattering them. In many states, you’re welcome to scatter ashes on your own property without permission.

Say Your Final Goodbye Respectfully — and Legally

Losing a loved one is always difficult, but it’s especially so if you’re the one who is handling their final affairs. Cremating your loved one may have been your or their decision, but it’s also one that must be approached according to the letter of the law.

Because it can be such a legally complex matter, you may want to seek professional guidance on the legal aspects of cremation in your area before deciding on what to do with your loved one’s remains. This helps you find some common ground between their final wishes and your local jurisdiction’s regulations.

Written by Serena Tanner

Serena Tanner attended the University of Washington, where she earned a degree in philosophy after many detours delving into human rights, law, psychology, and social work. Health and holistic wellness topics continue to hold a special place in her heart. When she's not reading or writing, she can be found exploring the Pacific Northwest with her two children and dogs.

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Edited by Katelynne Shepard

Katelynne Shepard is a writer, editor and SME who is proficient at crafting and reviewing content. She has been a full-time copywriter and editor since 2011 and has written content for Fortune 500 companies, independent law firms, indie publishers, small-business owners and mainstream websites. She specializes in parenting, lifestyle, family law, personal injury, criminal law, immigration law, astrology, personal finance, education and health care. In addition to thousands of e-commerce product and category descriptions, Verle's work includes SEO blogs, social media posts and long-form informational articles.

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Subject Matter Expert Sarah-Jane Williams, LL.B(Hons)

Sarah-Jane Williams is a seasoned writer with a robust legal background, holding an LL.B (Hons) Bachelor of Laws and a Bar Training Course certification with a 'Very Competent' grade. She was called to the Bar at Lincoln's Inn. Her expertise as a legal SME is complemented by her diverse writing portfolio covering law, senior care, culture, and travel. With over a decade of writing experience, Sarah-Jane's work spans a wide range of subjects from engineering and health to pet care and spiritualism. Her global perspective is enriched by extensive travel and residences across four continents, enhancing her cultural insights and intercultural communication skills. Sarah-Jane's multifaceted background, including roles in housing, research, and advisory capacities, adds depth to her writing, making her a versatile contributor to any niche.