Cremation laws in Arkansas

Who has the right to decide

• Priority order under Ark. Code Ann. 20-17-102(d), as read on FindLaw: (1) the person named on DD Form 93 if the person died in military service; (2) the person appointed in the decedent's declaration of final disposition; (3) the surviving spouse; (4) the surviving child, or a majority of surviving children; (5) the surviving parent or parents; (6) surviving siblings, by majority; (7) surviving grandparents, by majority; (8) surviving grandchildren, by majority; (9) the decedent's guardian; (10) the next degree of kinship; then certain public officials.
• Pre-authorization: an adult of sound mind may sign a declaration of final disposition. Arkansas crematory rules say a preneed cremation document must follow the Act, be signed by the declarant, and be witnessed by two people.
• Less than a majority of a class can act if they made reasonable efforts to notify the others and know of no opposition from more than half of the class.
• Disagreements: a circuit court may award the right of disposition to the person it finds most fit and appropriate.
• The crematory's authorization form must be signed by the authorizing agent and must name the arranging funeral director (17 CAR 30-205).

Sources: Ark. Code Ann. 20-17-102 (FindLaw); 17 CAR 30-212, Preneed cremation arrangements; 17 CAR 30-205, Cremation authorization and record keeping

What must happen before a cremation

We did not find a set waiting period, in hours, before cremation in the Arkansas rules we read. Cremation cannot happen until the required paperwork is complete, including a certified death certificate and a burial-transit/cremation permit.

Arkansas does not require a coroner or medical examiner to approve every cremation. Their approval is needed when the death falls under their authority. Every cremation needs a burial-transit/cremation permit from the local registrar of vital records, and the death certificate must be certified first.

• Waiting period in hours: none found in 17 CAR 30-205 to 30-214, 20 CAR 1-701 to 1-704, or Ark. Code Ann. 20-17-107. See the unverified list.
• Embalming or refrigeration is not required if cremation happens within 48 hours after death (Ark. Code Ann. 20-17-107).
• Coroner or medical examiner approval is required only when the death comes under their authority (17 CAR 30-208(a)).
• A burial-transit permit is required for every cremation (20 CAR 1-701(a)). It is issued by the State Registrar of Vital Records or a designated representative, at the funeral director's request.
• Form: Arkansas Department of Health Burial-Transit/Cremation Permit (VR-30), signed by the local registrar or deputy registrar.
• The crematory also needs a signed cremation authorization form, the permit, and a death certificate or other disposition authorization (17 CAR 30-205).
• Permit fee: not stated on the pages read. See the unverified list.
• All cremations in Arkansas must be arranged through a licensed funeral establishment (17 CAR 30-214(e)).

Sources: Act 132 of 2021, Ark. Code Ann. 20-17-107; 20 CAR 1-703, Disposition of dead bodies or fetuses; 17 CAR 30-208, Cremation procedures; 20 CAR 1-701, Burial-transit permit; ADH Burial-Transit/Cremation Permit (VR-30); 17 CAR 30-214, Miscellaneous provisions

Embalming and refrigeration

Arkansas law says a body does not have to be embalmed. If burial is not within 48 hours, the body must be embalmed or refrigerated, but that rule does not apply when cremation happens within 48 hours. A crematory may hold an unembalmed body unrefrigerated for no more than 24 hours.

• Ark. Code Ann. 20-17-107(a): a dead body is not required to be embalmed.
• Ark. Code Ann. 20-17-107(b): if not buried within 48 hours after death, the body must be embalmed or refrigerated.
• Ark. Code Ann. 20-17-107(c): no embalming or refrigeration is required if cremation is within 48 hours after death.
• 17 CAR 30-208(b)(3): an unembalmed body at a crematory may be held no longer than 24 hours unless refrigerated.
• 17 CAR 30-208(h): when cremation is chosen, embalming or refrigeration is not required for 48 hours after death unless a health problem requires it.

Sources: Act 132 of 2021, Ark. Code Ann. 20-17-107; 17 CAR 30-208, Cremation procedures

Caskets and containers

A casket is not required for cremation in Arkansas. The body must be in a cremation container, and a crematory may not require a casket or refuse a body because it is not in one.

• 17 CAR 30-206(a): the body must be in a cremation container unless already in a casket.
• 17 CAR 30-206(b): crematories may not require a casket.
• 17 CAR 30-206(c): the container is cremated with the body unless the authorizing agent gives other written instructions.
• The federal Funeral Rule also guarantees the right to an alternative container for cremation (see federal section).

Source: 17 CAR 30-206, Cremation containers

Scattering or keeping the ashes

Arkansas rules allow ashes to be kept, placed in a cemetery, scattered over uninhabited public lands or public waterways, or scattered on private land with the owner's consent. Ashes can be moved within Arkansas without a permit. Ocean scattering follows the federal EPA rule.

Ashes may be placed in the ocean only at least 3 nautical miles from land. The person who does it must report it to the EPA within 30 days. Lakes and rivers are not covered by this federal rule; state rules apply there.

• Allowed places named in 17 CAR 30-209(c): a crypt, niche, grave or scattering garden in a dedicated cemetery; uninhabited public lands; the sea or other public waterways; private property with the owner's consent.
• For private property other than a cemetery, the authorizing agent gives the provider the owner's written consent.
• Before scattering, remains must be processed to 1/8 inch particles or smaller, and removed from their closed container. A boat or airplane may be used.
• After delivery to the family, ashes may be moved anywhere in Arkansas without a permit.
• If ashes are not claimed or a plan is not given within 90 days of cremation, the provider may dispose of them in any lawful way.
• Ocean: see the shared federal EPA entry (3 nautical miles, report within 30 days).
• Federal general permit under the Marine Protection, Research and Sanctuaries Act (MPRSA).
• Cremated remains may go into ocean water of any depth, if at least three nautical miles from land.
• Report within 30 days using the EPA Burial at Sea Reporting Tool. No death certificate needs to be sent to the EPA.
• Only readily decomposable flowers and wreaths may be placed with the remains.
• Scattering in lakes, rivers and other inland waters is not regulated by the MPRSA. The EPA says to check with the state.

Sources: 17 CAR 30-209, Disposition of cremated remains; EPA, Burial at Sea

Prices you are entitled to see

We did not confirm any Arkansas price disclosure rule beyond the federal Funeral Rule. The federal rule applies in Arkansas: you can get prices by phone and a written General Price List in person.

The federal Funeral Rule lets you buy only what you want, get prices over the phone, and keep a written General Price List. Funeral homes that offer cremation must offer a simple alternative container instead of a casket.

• No Arkansas-specific price disclosure requirement was found on the pages read. See the unverified list.
• General Price List: the funeral home must give you a GPL to keep when you ask in person.
• Buy only what you want: you do not have to accept a package.
• Phone prices: funeral homes must give prices by phone, and you do not have to give your name first.
• Alternative container: no state or local law requires a casket for cremation; a funeral home that offers cremation must offer alternative containers.
• You may provide a casket or urn bought elsewhere without a handling fee.
• Embalming is not required by any state law for every death.
• Online posting is not required by the federal rule; the FTC says some funeral homes post prices online voluntarily.
• The rule does not apply to third-party sellers or cemeteries without an on-site funeral home.
• Codified at 16 CFR Part 453.

Sources: FTC, The FTC Funeral Rule; FTC, Funeral Industry Practices Rule (16 CFR 453)

Help paying for a cremation

We did not find a statewide Arkansas program that pays for cremation. For unclaimed bodies, the person holding the body may ask the county court to take charge, and an estate must repay reasonable costs if there is one. Ask the county judge's office about local help.

• Ark. Code Ann. 20-17-702: the person holding an unclaimed body may petition the county court; the body must be buried, cremated or donated within 10 days after death if no one claims it.
• If the deceased had an estate, the estate reimburses reasonable disposition expenses.
• No state-run funeral or cremation assistance program was found on the pages read. See the unverified list.

Source: Ark. Code Ann. 20-17-702 (FindLaw)

Who licenses crematories, and how to complain

Funeral homes and crematories in Arkansas are licensed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, part of the Arkansas Insurance Department. Complaints must be in writing, signed and notarized, and sent to the board's office.

• Office: Funeral Services Division, Arkansas Insurance Department, 1 Commerce Way, Suite 502, Little Rock, AR 72202. Main phone 501-371-2600. Embalmers/Funeral Directors line 501-682-0574.
• Complaints must be typed or legibly written, signed and notarized. The licensee gets 15 business days to respond (from the board's complaint procedures).
• Complaint forms: https://insurance.arkansas.gov/industry-regulation/funeral-services/complaint-forms-and-procedures/ (linked from the funeral services page; the form itself was not opened).
• Operating a crematory without a license, or cremating without a signed authorization form, is prohibited (17 CAR 30-211).

Sources: Arkansas Insurance Department, Funeral Services; AID, Complaint Procedures; 17 CAR 30-211, Administration