Who Can Authorize a Cremation, and the Permits Needed

Arkansas: who decides, and what must happen first

In Arkansas, the right to decide on cremation follows an order set by the Arkansas Final Disposition Rights Act (Ark. Code Ann. 20-17-102). A person's own signed declaration comes first after a military designee, then the surviving spouse, then adult children by majority, then parents. If family members cannot agree, a circuit court can decide.

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.

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.

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).
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)).
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).

Sources: Ark. Code Ann. 20-17-102 (FindLaw); 17 CAR 30-212, Preneed cremation arrangements; 17 CAR 30-205, Cremation authorization and record keeping; 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; Act 132 of 2021, Ark. Code Ann. 20-17-107; 20 CAR 1-703, Disposition of dead bodies or fetuses

Oklahoma: who decides, and what must happen first

In Oklahoma, the order is set by 21 O.S. 1158. The person's own written arrangements come first, then a representative they appointed in writing, then the surviving spouse, then a majority of adult children, then parents, then a majority of adult siblings. You can put your own wishes in writing ahead of time.

Yes. Every cremation in Oklahoma needs a permit from the Office of the Chief Medical Examiner, which investigates and signs off first. The current permit fee is $200, with a $25 late fee for permits over 30 days. The funeral home usually handles this and lists it as a cash advance item.

Oklahoma does not allow cremation right after death. A special cremation permit from the Office of the Chief Medical Examiner is needed first. We did not find a fixed waiting period in hours; the permit application must be filed within 48 hours of death.

Priority order under 21 O.S. 1158 (each person must be 18 or older and of sound mind): (1) the decedent, through a preneed contract or a qualifying written document; (2) a representative appointed by the decedent in an executed and witnessed document; (3) surviving spouse; (4) the sole adult child, or a majority of adult children whose whereabouts are reasonably known; (5) surviving parent or parents; (6) the sole adult sibling, or a majority of adult siblings; (7) guardian of the person at death; (8) next degree of kinship under inheritance law, where any one person of that degree may act; (9) the public officer responsible for an indigent decedent; (10) any other willing person, including the estate's personal representative or the funeral director, after a written good-faith attempt to reach those above.
Pre-authorization: 21 O.S. 1151 gives every person the right to direct how their body is handled after death, and to assign that right by sworn affidavit.
Military: the person named on DD Form 93 controls arrangements for someone who died in service (21 O.S. 1151(C)).
Disputes: a funeral director is not liable for refusing to accept remains for cremation while aware of a dispute, absent a court order or other confirmation of resolution (59 O.S. 396.29(D)).
Knowingly ignoring a person's directions under 21 O.S. 1151 is a misdemeanor with a fine up to $5,000.
Form: an application-permit form provided by the Office of the Chief Medical Examiner, completed by the person legally responsible for disposition and filed by the funeral director.
Each valid permit carries a number assigned by the OCME.
Fee: $200.00 for a cremation permit; $25.00 cremation late fee (over 30 days), per the medical examiner fee rule posted by the Funeral Board. Statute allows $200 to $275.
Cremating without a licensed crematory and a special permit is a felony (59 O.S. 396.33).
Cremation also requires a cremation authorization signed by the next of kin (Funeral Board FAQ).
The 48 hours in 63 O.S. 1-329.1 is a filing deadline for the permit application, not a waiting period.
No separate minimum number of hours before cremation was found on the pages read. See the unverified list.

Sources: 21 O.S. 1158 (OSCN); 21 O.S. 1151 (OSCN); 59 O.S. 396.29, Funeral Services Licensing Act (2025); 63 O.S. 1-329.1 (OSCN); OAC 445:10, Medical Examiner Fees (Funeral Board); 63 O.S. 948.1 (OSCN); Oklahoma Funeral Board, Consumer FAQ

Missouri: who decides, and what must happen first

In Missouri, the "right of sepulcher" follows RSMo 194.119. First is someone the person named in a durable power of attorney, then a military designee, then the spouse, then children, then parents, then siblings. When people in the same group disagree, the majority decides.

Missouri's statewide rule does not require a medical examiner to approve every cremation. Before cremation, a completed death certificate with the cause of death must reach the local registrar. If the cause is not yet known, the medical examiner, coroner or physician must give written authorization.

We did not find a general waiting period in hours before cremation in the Missouri statutes and rules we read. The death certificate must be filed, or a written cremation authorization obtained from the medical examiner, coroner or physician, before cremation.

Priority under RSMo 194.119.2 (each must be 18 or older, mentally competent, and willing to pay for disposition): (1) attorney in fact named in a durable power of attorney that specifically grants the right of sepulcher; (2) person named on DD Form 93 for a decedent on active duty; (3) surviving spouse, unless a divorce action is pending; (4) any surviving child; (5) surviving parent, or for a minor a court-appointed guardian or custodial parent; (6) any surviving sibling; (7) next nearest relative by blood or marriage; (8) any person or friend who takes financial responsibility; (9) the county coroner or medical examiner.
Pre-authorization: a written authorization to cremate signed by the person, and not revoked, is enough. It can be in any written document, including a preneed contract (20 CSR 2120-2.071(5)).
Anyone with a lower priority must notify people with a higher priority. If a higher-priority person is notified and does not object within 48 hours, the right is waived (RSMo 194.119.6).
Disagreement within one class: the majority decides, and proxy votes in writing are allowed (RSMo 194.119.7 and .8).
The crematory keeps a written authorization for cremation signed before cremation by the person entitled to control the body (20 CSR 2120-2.071(2)).
19 CSR 10-10.100(1): if the cause of death is known within 72 hours, the completed death certificate goes to the local registrar before cremation.
19 CSR 10-10.100(2): if not, cremation waits for a signed written authorization from the medical examiner, coroner or physician.
19 CSR 10-10.100(3): the crematory requires a signed statement that one of these has happened.
Only a funeral establishment licensed as a Function B establishment may cremate (20 CSR 2120-2.071(1)).
Permit fee: none found on the pages read. Some Missouri counties may add local review; not verified.
The death certificate is filed within five days after death (RSMo 193.145.1).
The medical certification is due to the funeral director within 72 hours after death (RSMo 193.145.5).
20 CSR 2120-2.071(6) mentions cremation "prior to the elapse of twenty-four (24) hours" for certain communicable disease deaths, but the rule text we read does not state a general waiting period. See the unverified list.

Sources: RSMo 194.119 (Missouri Revisor); 20 CSR 2120-2.071; 19 CSR 10-10.100, Authorization for Cremation; RSMo 193.145 (Missouri Revisor)

Kansas: who decides, and what must happen first

In Kansas, the order of who decides on cremation is set by K.S.A. 65-1734. A health care agent named in a durable power of attorney that covers disposition comes first, then the spouse, then the adult children, then the parents, then the next of kin. If the person died in active military service, the person named on DD Form 93 comes before everyone else.

Kansas requires a coroner's permit to cremate for every death that occurred in Kansas, not only for deaths the coroner investigates. The Board of Mortuary Arts says a funeral home's basic services usually include preparing and filing the needed authorizations and permits. No state law sets a fee, but each county may charge one, so ask the funeral home what your county charges.

We did not find a set waiting period, in hours, before cremation in the Kansas laws we read. Cremation cannot happen until a coroner's permit to cremate has been issued and the death certificate has been filed. If cremation will not happen within 24 hours of death, the body must be embalmed or kept refrigerated below 40 degrees Fahrenheit.

Priority order under K.S.A. 65-1734(a): (1) the agent under a durable power of attorney for health care decisions (K.S.A. 58-625 et seq.), if it gives authority over disposition of the remains; (2) the spouse; (3) the surviving adult children; (4) the surviving parents; (5) the persons in the next degree of kinship under the laws of descent and distribution, any one of whom may act; (6) a guardian of the person at the time of death; (7) the personal representative; (8) for indigent people or others whose disposition is the state's or county's responsibility, the public official charged with it under K.S.A. 22a-215.
Adult children: if there is more than one, any adult child who confirms in writing that all the other adult children were notified may direct the disposition, unless the funeral home or crematory receives a written objection from another adult child (K.S.A. 65-1734(a)(3)).
Military: for a death in active military service, the person named on DD Form 93 takes priority over everyone in the list (K.S.A. 65-1734(b)).
Pre-authorization: the route written into K.S.A. 65-1734 is a durable power of attorney for health care decisions that gives the agent authority over disposition of the body. K.S.A. 58-629(a)(1) allows that authority, and K.S.A. 58-629(f) says the agent's acts on disposition stay valid after death.
That power of attorney must be dated and signed in front of two qualified adult witnesses, or acknowledged before a notary (K.S.A. 58-629(e)).
K.S.A. 65-1734 does not list the person's own written instructions as a separate tier. See the unverified list.
The person signing the cremation authorization form is the authorizing agent. They vouch for the facts on the form and are personally liable for them (K.S.A. 65-1764(a)).
Disagreements: a funeral director or crematory may refuse to proceed while aware of a dispute about the cremation, until a court order or other suitable confirmation settles it (K.S.A. 65-1764(c)).
A funeral director or crematory that reasonably believes the person giving instructions is entitled to control disposition is protected from liability (K.S.A. 65-1734(c)).
K.S.A. 65-2426a: no dead body may be cremated unless a coroner's permit to cremate has been executed, if the death or its cause occurred in Kansas or in a state that requires such a permit. A faxed or electronically signed copy counts. Knowingly violating this carries a fine of up to $500.
The crematory needs two things before it may cremate: a cremation authorization form signed by the authorizing agent, and the completed coroner's permit to cremate (K.S.A. 65-1762(c)).
The authorization form must name the deceased and the time and date of death, the arranging funeral director or authorizing agent, whether the death involved an infectious disease, the authorizing agent and their relationship, consent to cremate, a statement that no pacemaker or hazardous implant is present, and who will receive the ashes (K.S.A. 65-1762(c)(1)).
Pacemakers and other hazardous implants must be removed before the body goes to the crematory. The authorizing agent must tell the funeral director about any known implant (K.S.A. 65-1763(a)).
Fee: no statute sets a fee for the coroner's permit. A 2002 Kansas Attorney General opinion (No. 2002-34) says a board of county commissioners may set one under home rule. That opinion recorded a $35 fee in Sedgwick County in 2002; current county fees were not confirmed. See the unverified list.
The Attorney General opinion explains the permit's purpose: to make sure the body is not needed as evidence, that no autopsy is needed, and that identity has been confirmed.
The Board of Mortuary Arts says a family handling a death without a funeral home also needs the Coroner's Cremation Authorization.
Every cremation in Kansas must be done at a licensed crematory under the personal supervision of a licensed crematory operator (K.S.A. 65-1770).
Waiting period in hours: none found in K.S.A. 65-1760 to 65-1774, K.S.A. 65-2426a, K.S.A. 65-2412, or K.A.R. 63-3-10 and 63-3-11. See the unverified list.
A coroner's permit to cremate must be executed before any cremation of a death that occurred in Kansas (K.S.A. 65-2426a).
The death certificate must be filed with the state registrar within three days after death, and in every case before disposal of the body (K.S.A. 65-2412(a) and (d)).
The 24 hour limit in K.A.R. 63-3-11(d) is a deadline for cremating without embalming, not a waiting period. It can be extended for Sabbath or holy days if no health hazard results.
The Board of Mortuary Arts consumer FAQ says a family acting without a funeral home must complete final disposition within 24 hours of death unless the body is refrigerated or placed in a sealed container.

Sources: K.S.A. 65-1734 (Kansas Revisor of Statutes); K.S.A. 58-629(f); K.S.A. 65-1764(c); K.S.A. 65-2426a; K.S.A. 65-1762(c)(2); Kansas Attorney General Opinion No. 2002-34; KSBMA, Facts About Funerals; K.S.A. 65-1770; K.S.A. 65-2412(a); K.A.R. 63-3-11(d) (Kansas Secretary of State, authenticated); KSBMA, Consumer FAQ

Florida: who decides, and what must happen first

In Florida, the person who decides is the "legally authorized person" defined in F.S. 497.005(43). The person's own signed written directions come first. Next is the person named on a military DD Form 93 (for deaths in military service), then the surviving spouse, an adult son or daughter, a parent, an adult brother or sister, an adult grandchild, a grandparent, and then the next degree of kin. No cremation can be done until a legally authorized person signs a written authorization.

Every Florida cremation needs the district medical examiner's approval, because F.S. 406.11 puts every body that is to be cremated under the medical examiner's review. Funeral homes request it through the state's Electronic Death Registration System, and the county sets the fee: for example $75 in Lee County and $35 in Sarasota and Manatee counties (DeSoto County charges none). A burial-transit permit from the local registrar is also required. Your funeral home or direct disposer normally handles both.

The Florida laws and rules we read set no minimum waiting period after death before cremation. What F.S. 497.607 actually says is that the cremation must be done within 48 hours after a time agreed in writing by the person who authorized it, so it is a deadline for the crematory, not a wait. Before cremation, the medical examiner must approve it, the death certificate must be filed (within 5 days of death) and a burial-transit permit obtained. A body held more than 24 hours must be refrigerated or embalmed.

Priority order (F.S. 497.005(43)(a)): (1) the decedent, when the decedent left written directions signed while alive; (2) the person named on the decedent's Department of Defense Record of Emergency Data (DD Form 93), if the decedent died in military service; (3) the surviving spouse; (4) a son or daughter 18 or older; (5) a parent; (6) a brother or sister 18 or older; (7) a grandchild 18 or older; (8) a grandparent; (9) any person in the next degree of kinship.
If no family member exists or is available, the legally authorized person may be the guardian, the personal representative, the attorney in fact or the health surrogate at the time of death, a public health officer, the medical examiner or county acting under Chapter 406, a nursing home or other health care institution in charge of disposition, or a friend or other person willing to take responsibility (497.005(43)(b)).
Within a priority class (for example, several adult children), the funeral home may rely on any one of them who says they know of no objection from others in the same class or from anyone in a higher class (497.005(43)(b)).
A person arrested for domestic violence against the deceased, or for any act that caused or contributed to the death, has no legally recognized interest (497.005(43)).
At the arrangement, the legally authorized person must sign a declaration of intent saying what will happen to the ashes, and the cremation cannot be done until a legally authorized person gives written authorization (497.607(1)).
Cremated remains are not property for estate division. Dividing the ashes needs the consent of the legally authorized person who approved the cremation, and a court settles disputes (497.607(2)).
Any dispute about who has the right to authorize, or whether an authorization document is valid, is decided by a court (497.383(2)).
Text read is the 2026 Florida Statutes on the Legislature's site.
F.S. 406.11(1)(c): the district medical examiner must determine the cause of death when a body is to be cremated, dissected, or buried at sea.
Lee County (District 21 Medical Examiner): funeral homes send cremation authorization requests electronically through the state Electronic Death Registration System (EDRS). The treating physician must give the funeral home the cause of death, and incomplete or improperly certified requests are rejected. The fee for cases not under the medical examiner's jurisdiction is $75.00 (Lee County Ordinance 15-07), invoiced to funeral homes monthly.
Sarasota, Manatee and DeSoto counties (District 12 Medical Examiner): every death where the body is to be cremated must be investigated and an approval number given to the funeral home or crematory before cremation. The cremation fee is $35 for Sarasota and Manatee county deaths (county ordinances R-08-217 and 2008-083); DeSoto County has no cremation fee. No effective date was shown.
Other counties set their own fees. See the unverified list.
Burial-transit permit: issued by the Department of Health or the local registrar or subregistrar where the death occurred, and not until a complete certificate of death is filed unless the funeral director gives adequate assurance it will be (382.006(2)).
The remains of a person whose identity is not known may not be cremated (406.50(4)).
When there is information suggesting crime or violence, a licensee may not remove or embalm the body until the medical examiner or other official gives permission (497.387).
Only one body may be placed in a cremation chamber at a time, unless a legally authorized person gives written permission for each body (497.606(9)(b)).
Cremation in Florida is done at licensed cinerator facilities and arranged through a licensed funeral home that is also licensed as a cinerator facility, or through a licensed direct disposal establishment (Division FAQ).
F.S. 497.607(1): the cremation must be performed within 48 hours after a specified time agreed to in writing by the person authorizing it. We found no rule in F.S. Chapters 497, 406 or 382, or in rules 69K-21, 69K-22, 69K-31, 69K-33 or 11G-2, that bars cremation until a set number of hours after death. See the unverified list.
The death certificate must be filed within 5 days after death and before final disposition (382.008(1)). For cremation, the cremation itself is the final disposition; scattering the ashes comes afterward (382.002(9)).
The doctor or medical examiner must complete the cause of death within 72 hours after receiving the certificate from the funeral director (382.008(3)). If the certifier will not be available before the 5-day deadline, the local registrar may grant a 5-day extension.
The funeral director who first takes custody must get a burial-transit permit before final disposition and within 5 days after death (382.006(1)).
Every cremation needs the medical examiner's review first (406.11(1)(c); see approvals).
A body held more than 24 hours after death must be refrigerated at 40 degrees Fahrenheit or below, or embalmed (497.386(2); see embalming and refrigeration).

Sources: F.S. 497.005(43)(a) (2026); F.S. 497.607(1) (2026); F.S. 497.383(2) (2026); F.S. 406.11(1)(c) (2026); District 21 Medical Examiner (Lee County), Cremation Authorizations; District 12 Medical Examiner, Funeral Homes; Cremation; F.S. 382.006(2) (2026); F.S. 406.50(4) (2026); FL DFS Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ; F.S. 382.008(1) (2026); F.S. 382.002(9) (2026)

Georgia: who decides, and what must happen first

Georgia's order of who controls disposition is set by O.C.G.A. 31-21-7. A state guide lists the person's health care agent first, then someone the person named in a notarized affidavit, then the surviving spouse, the children (by majority), the parents, the brothers and sisters (by majority), the grandparents, a guardian, the personal representative, and then the next degree of kin. The same guide says the right is lost if not used within 2 days of being told of the death or 3 days after the death, whichever comes first. We could not read the current code text, so ask your funeral home to confirm.

A Georgia cremation needs a disposition permit, which the funeral director gets from the local registrar in the county where the death happened. The permit can be issued only after the cause of death is certified, the attending doctor approves, or, for deaths that must be reported to the coroner or medical examiner, that official approves. We did not find a rule that a medical examiner must review every cremation (a 2010 state audit said Georgia did not require it), and we found no state fee for the permit.

We found no Georgia rule setting a minimum waiting period before cremation in the official sources we could read, so ask your funeral home whether one applies. The death must be reported within 3 calendar days. Until the cause of death is certified, the body cannot be finally disposed of unless the attending doctor, or for deaths the coroner or medical examiner must look into, that official, approves. A 2012 state guide says the person with the right to decide loses it if they do not act within 2 days of notice of the death or 3 days after it.

Order in the Georgia Department of Human Services, Division of Aging Services guide (revised 2012), citing 31-21-7: (a) health care agent; (b) a designee named in an affidavit; (c) surviving spouse; (d) the sole surviving child, or a majority of the children, or fewer than half if the rest cannot be reached and no opposition is known; (e) the surviving parents (one may act if the other cannot be found); (f) the brothers and sisters, on the same majority basis; (g) the grandparents, on the same basis; (h) the legal guardian at death; (i) the personal representative of the estate; (j) the next degree of kin; (k) the official in charge when the state or a local government handles the disposition; then anyone willing to act, including the funeral director with custody, after a good-faith attempt to reach the others that is attested in writing.
The Department of Public Health's disinterment application (revised June 2021) lists the same order from the affidavit designee down, but does not list the health care agent. See the unverified list.
Health care agent: Georgia's statutory Advance Directive for Health Care form gives your health care agent power to decide the final disposition of your body unless you initial the form and name a different person.
Designee: a person 18 or older and of sound mind can name someone to control disposition in a notarized affidavit, and may attach directions that the designee must substantially follow if they are lawful and the estate can pay (2012 guide, citing 31-21-7(b)(1)(B)).
Military: for a death in military service, the person named on the DD Form 93 directs disposition (2012 guide).
The right is forfeited, per the 2012 guide, if the person is charged with murder or voluntary manslaughter of the deceased (restored if the charge is dismissed or the person is acquitted), does not act within 2 days of notice of the death or 3 days after the death, whichever comes first, was in a pending divorce with the deceased, or is found by the probate court to have been estranged.
Disputes: the funeral home may refuse to proceed until a court order or a written agreement, may embalm or refrigerate the body in the meantime (costs are added), and paying for the funeral gives no extra priority. The probate court decides disputes (2012 guide).
The authorizing agent must give the funeral home or crematory a signed statement of the intended final disposition of the ashes, if known (O.C.G.A. 43-18-80(b), as amended by S.B. 241, effective July 1, 2025).
When the cremation authorization form is signed, the funeral director must ask whether the deceased was a veteran and explain the funeral director's duties about veterans' remains (43-18-9(c)).
O.C.G.A. 31-10-20(a), as amended by S.B. 241 (effective July 1, 2025): the funeral director or other person who first takes custody of the body must obtain a disposition permit for cremation, organic human reduction, or removal from the state.
Rule 511-1-3-.23(1)(b): a disposition permit may not be issued until the cause of death is certified, the attending physician authorizes it, or, for a body subject to inquiry under the Georgia Death Investigation Act, the county coroner or medical examiner approves.
The state Permit for Disposition of Human Remains (revised October 2019) can only be issued in the county of death. The funeral director attests that the physician will certify the cause of death, or that the coroner or medical examiner will and has approved disposition, including cremation. False statements are a crime under 31-10-31.
Deaths that must be reported to the county coroner or medical examiner (O.C.G.A. 45-16-24, as summarized by the GBI) include deaths from violence, suicide or casualty, sudden deaths in apparent good health, suspicious or unusual deaths, apparent drug overdoses, deaths in custody or in a state hospital, and deaths unattended by a physician. Deaths of hospice patients are not treated as unattended.
A 2010 performance audit of the State Medical Examiner's Office noted that Georgia did not require a medical examiner to review the case and issue a permit before cremation. A 2026 bill (S.B. 581) proposed separate cremation permits; it does not appear on the Governor's 2026 signed legislation list. See the unverified list.
Identification: before cremation the body must carry a durable tag with the name, date of death, Social Security number, county and state of death, and the serial number of any removed prosthesis. The tag goes inside the urn or container with the ashes, and the container is labeled on the outside (43-18-8(a)).
When the crematory releases the ashes, its funeral director must give a sworn affidavit, on the Board's form, that the container holds substantially the remains of the person identified (43-18-8(b)).
Crematories are inspected at least once a year, their cremation chamber must be inspected yearly by the manufacturer or an authorized repair company, and the funeral director in charge must be a certified crematory operator (Board rule 250-6-.07).
Department of Public Health rule 511-1-3-.19(6): the report of death is due within three calendar days after death, and the cause of death must be certified within three calendar days, or within 30 days after notification when the death was unattended or is subject to a coroner or medical examiner inquiry.
If the cause of death cannot be determined within 48 hours, "pending" is entered, and final disposition cannot be made until the attending physician, or the coroner or medical examiner for deaths subject to inquiry, authorizes it (rule 511-1-3-.19(6)(c)).
Disposition permits must be available 24 hours a day, seven days a week; local registrars may appoint hospitals, hospices and funeral homes as deputy registrars to issue them (rule 511-1-3-.23(1)(a)).
The funeral director's duty to check veteran status does not delay an authorized cremation (43-18-9(f)).
Minimum wait in hours: none found. See the unverified list.

Sources: Georgia Division of Aging Services, A Guide to Funeral Homes, Crematories and Cemeteries (revised 2012); Georgia DPH, Application to Disinter/Reinter Human Remains (revised 06/2021); Georgia Advance Directive for Health Care (Division of Aging Services, revised March 2016); O.C.G.A. 43-18-80(b), in S.B. 241 (2025), as signed; Ga. Comp. R. & Regs. 511-1-3-.23(1)(b); Georgia DPH, Permit for Disposition of Human Remains (revised 10/2019); GBI Medical Examiner's Office, ME FAQ; Georgia Department of Audits and Accounts, Performance Audit 10-11, State Medical Examiner's Office (December 2010); Georgia Senate First Readers, February 26, 2026 (S.B. 581); Ga. Comp. R. & Regs. 250-6-.07(4)

Tennessee: who decides, and what must happen first

In Tennessee, a person's own signed disposition directions or pre-need funeral contract come first. Without them, Tenn. Code Ann. 62-5-703 sets the order: an agent under a durable power of attorney for health care, then the spouse, then the children by majority, then a parent, then the siblings, grandchildren and grandparents, and then others down to the next of kin. A person who does not act within 72 hours of being told of the death, or 168 hours after the death if sooner, loses the right to the next person.

Every cremation in Tennessee needs the approval of the medical examiner in the county where the death happened, and a Permit for Cremation from the local health department. The state permit fee is $25. Your funeral home normally handles both, because every Tennessee cremation must be arranged through a licensed funeral establishment.

We did not find a set waiting period, in hours, before cremation in the Tennessee sources we could read, so ask your funeral home whether one applies. The death certificate must be filed within 5 days of death and before cremation, and the county medical examiner must approve every cremation. The person with the right to decide should act within 72 hours of being told of the death.

Disposition directions: a legible written document signed by the person and either notarized or witnessed by two qualified adults (18 or older and of sound mind). It can be a letter of instructions, a will, a trust document, or an advance directive (62-5-701).
With disposition directions or a pre-need funeral contract, a qualified adult may set the location, manner and conditions of disposition and the funeral arrangements (62-5-702(a)).
Priority order without directions (62-5-703): (1) an attorney in fact under a durable power of attorney for health care acting under 34-6-204; (2) the surviving spouse; (3) the sole surviving child, or a majority of the surviving children; (4) the surviving parent; (5) the surviving sibling, or a majority of siblings; (6) the surviving grandchild, or a majority of grandchildren; (7) the surviving grandparent, or a majority of grandparents; (8) a guardian of the person at the time of death; (9) the personal representative of the estate; (10) the next degree of kin under the laws of inheritance, any one of whom may act; (11) a public officer when the state or a local government is responsible; (12) anyone else willing to act, including the funeral director with custody, after a written good-faith attempt to reach the others.
Children, siblings, grandchildren or grandparents: fewer than half of them may act if they used reasonable efforts to tell all the others and know of no opposition from more than half (62-5-703(3), (5), (6), (7)). If one parent is absent, the other may act after reasonable efforts to find the absent parent fail (62-5-703(4)).
The right is lost, and passes to the next person, if the person was convicted of certain homicide offenses in connection with the death, or does not exercise the right within 72 hours of notification of the death or 168 hours after the death, whichever is earlier (62-5-704).
Disagreements: if people who share the right cannot decide by majority, any of them, or the funeral home with custody, may ask the court with probate jurisdiction to decide (62-5-705).
A funeral home holding the body must release it to the funeral home chosen by the person with the right to control disposition, even if its own bill has not been paid (Board rule 0660-11-.05(1)(c)).
The Board's pre-approved cremation authorization form asks about preneed arrangements, a will, and oral instructions, lists the surviving spouse, children, parents and siblings, and asks for a copy of any health care power of attorney. If not everyone of the same degree of kinship signs, the signer must give a written explanation.
Text of 62-5-701 to 62-5-705 is from Public Chapter 828 (2012), which created them. The Department of Health's 2024 medical examiner handbook reprints 62-5-704 with the same wording. See the unverified list for later amendments.
Medical examiner: the Department of Health's handbook says the county medical examiner must approve all deaths where cremation is the final disposition, as a last check that deaths needing investigation were reported.
Anyone who knows of a death where the body is to be cremated must notify the county medical examiner, or the district attorney, police or sheriff, who then notify the medical examiner (T.C.A. 38-7-108(a)).
Permit for Cremation of Human Remains (form PH-3752): the $25.00 fee goes to the local health department in the county of death when applying. The funeral director or applicant must get the medical examiner's authorization, and the local or deputy registrar grants the permit. After cremation, a copy goes back to the registrar.
The $25 fee for a permit to cremate is set in Department of Health rule 1200-07-01-.13(3)(l).
The Board of Funeral Directors and Embalmers checks at inspections that each cremation had the required permit from the health department (listed under 62-5-504, prerequisites to cremation).
All cremations in Tennessee must be arranged through a licensed funeral establishment and directly supervised by a licensed funeral director (Board rule 0660-09-.01(7)). A crematory must itself be licensed by the Board as a funeral establishment (0660-09-.01(1)).
Each crematory's cremation authorization form must be approved by the Board (0660-09-.01(8)). The Board's pre-approved form lists implants to remove, who may witness the cremation, where the ashes go, and the surviving relatives. The funeral director signs that the permits were obtained and attached.
Medical examiner fees: no separate county medical examiner fee for cremation approval was found in the sources read. See the unverified list.
If a body is subject to a medical examiner's examination, it may not be embalmed without the examiner's authorization (38-7-108(b)).
Waiting period in hours: none found in the official Tennessee pages and rules read. The cremation part of the Tennessee Code (62-5-501 to 62-5-513) could not be read from an official source. See the unverified list.
The death certificate must be filed within five days after death and before final disposition (T.C.A. 68-3-502(a)(1)). The funeral director who first takes custody files it (68-3-502(b)), electronically through the state's VRISM system.
The doctor completes the medical part of the death certificate within 48 hours after death, unless the medical examiner must look into the death (68-3-502(c)(1)). If the cause cannot be found within 48 hours, the body cannot be finally disposed of until the doctor or medical examiner allows it (68-3-502(e)).
On the state cremation permit application, a funeral director who has not yet filed the death certificate agrees to file it within three days.
The right to control disposition passes to the next person if not used within 72 hours of notification of the death, or 168 hours after death if sooner (62-5-704(2)).
At the crematory, an unembalmed body held eight hours or more is expected to be refrigerated (see embalming and refrigeration).

Sources: Tennessee Public Chapter 828 (2012), T.C.A. 62-5-703; T.C.A. 62-5-704(2), reprinted in TDH County Medical Examiner Handbook (2024); Tenn. Comp. R. & Regs. 0660-11-.05(1)(c); Tennessee Board of Funeral Directors and Embalmers, Pre-Approved Authorization for Cremation form; TDH Office of Vital Records, Permit for Cremation of Human Remains (PH-3752); Tenn. Comp. R. & Regs. 1200-07-01-.13(3)(l); Tenn. Comp. R. & Regs. 0660-09-.01(7)(a); Tennessee Board of Funeral Directors and Embalmers, Human Crematory Inspection Report (IN-1974)

Texas: who decides, and what must happen first

In Texas, the order of who decides on cremation is set by Health and Safety Code 711.002. A person named by the deceased in a signed, notarized written appointment comes first, then the surviving spouse, any one adult child, either parent, any one adult sibling, the executor or administrator of the estate, and then the next of kin. If the deceased left written directions for cremation, the person in charge must carry them out as far as the money available allows.

Before cremating, a Texas crematory must have a signed cremation authorization form and a death certificate or other death record showing the body may be cremated. In counties with a medical examiner, the medical examiner must also sign a certificate before any cremation, and counties may charge a fee for this approval. Your funeral home usually arranges these papers.

Texas does not allow cremation until 48 hours after the time of death shown on the death certificate. The justice of the peace or medical examiner of the county where the death happened, or a court order, can waive this wait in writing. The death certificate must be filed within 10 days of the death.

Priority order under Tex. Health and Safety Code 711.002(a): (1) the person designated in a written instrument signed by the decedent; (2) the surviving spouse; (3) any one of the surviving adult children; (4) either one of the surviving parents; (5) any one of the surviving adult siblings; (6) any one or more duly qualified executors or administrators of the estate; (7) any adult person in the next degree of kinship in the order named by law to inherit the estate.
Appointing an agent: 711.002(b) gives a sample form, Appointment for Disposition of Remains. It is valid if the decedent signs it, the signature is acknowledged before a notary, and the agent signs it before acting (711.002(c)). A spouse's appointment ends on divorce unless the document says otherwise.
Written directions: a person may leave written directions for disposition, including cremation, in a will, a prepaid funeral contract, or a written instrument they sign and acknowledge (711.002(g)). Directions in a will are carried out right away, without waiting for probate (711.002(h)).
If the authorizing agent refuses to sign a cremation authorization form, a crematory may still cremate under the deceased's written directions if the cremation costs are paid and the agent gives positive written identification (711.002(g) and 716.054).
Deadline to act: if the person with the right does not make final arrangements, or appoint someone to, before the earlier of the 6th day after being told of the death or the 10th day after the death, the right passes to the next person in line (711.002(a-1)).
Military: for deaths described in 10 U.S.C. 1481(a)(1) to (8), a DD Form 93 in effect at death controls over any other written appointment (711.002(a-2)).
Cost: the person who exercises the right, other than an executor or administrator, is liable for the reasonable cost and may seek reimbursement from the estate (711.002(a-3)).
A person may not control the disposition if they were arrested, or a warrant was issued, for a Penal Code Chapter 19 crime involving family violence against the deceased in connection with the death, or if the deceased had applied for or obtained a protective order against them (711.002(l)).
Disagreements: disputes among people in the list are decided by a court with probate jurisdiction (711.002(k)). A crematory, funeral home or cemetery may refuse to proceed while it knows of an unresolved dispute, until a valid court order (716.201).
The person who signs the cremation authorization form (the authorizing agent) vouches for the facts on it, including the identity of the deceased (716.202). The agent may delegate signing to a representative in a notarized writing (716.053).
The TFSC consumer brochure (updated 2022) lists this order without the executor or administrator step; the current statute includes it.
Tex. Health and Safety Code 716.051: a crematory needs (1) a cremation authorization form signed by an authorizing agent and (2) a death certificate or other death record that indicates the remains may be cremated.
A burial-transit permit is required for cremation. The funeral director gets it from the local registrar where the death certificate is or will be filed, or electronically from the state registrar, and it is not issued until a death certificate completed as far as possible is presented (25 TAC 181.2(b)). TFSC rule 22 TAC 205.11(b) says this permit may serve as the other death record.
Counties with a medical examiner: before any body can be cremated, the crematory must demand and receive a certificate signed by the medical examiner of the county of death, showing that an autopsy was done or was not necessary (Code of Criminal Procedure Art. 49.25, Sec. 10).
Counties without a medical examiner: for a death that requires an inquest by the justice of the peace, the body may not be cremated until it is identified and the justice signs a certificate that an autopsy was done or was not needed (Art. 49.09(b)). Cremating without it is a Class B misdemeanor. Inquests are required, for example, for deaths not attended by a physician, unnatural deaths, suicides, deaths in jail or prison, and deaths a physician cannot certify (Art. 49.04).
Fee: a medical examiner may charge reasonable fees for cremation approvals, set by the commissioners court (Art. 49.25, Sec. 13A). Examples: Travis County's medical examiner charges $25.00 for cremation approvals (fees effective January 1, 2025). Tarrant County's medical examiner issues cremation permits for deaths in Tarrant, Denton, Parker and Johnson counties and lists its fee on a separate schedule (not opened). Collin County takes funeral home requests through an online application.
Contracting directly with a crematory: a family may contract directly for cremation if the crematory is also licensed as a funeral establishment, or if the family has written authorization from the justice of the peace or medical examiner of the county of death (22 TAC 205.6).
Pacemakers and other hazardous implants must be removed before cremation. The authorizing agent must tell the funeral director and crematory about any known implant (716.154).
A Texas crematory may not cremate unidentified remains, except on an order of the county commissioners court or a court in the county (716.101).
The authorization form must list, among other things, the deceased and time of death, the authorizing agent and relationship, a statement about implants, who will receive the ashes, the planned final disposition if known, and any valuables (716.052). A funeral director or funeral home that arranges the cremation must also sign it.
Tex. Health and Safety Code 716.004(a): a crematory may not cremate within 48 hours of the time of death on the death certificate unless a justice of the peace or medical examiner of the county of death, or a court order, waives the wait in writing.
Each justice of the peace or medical examiner office that can grant a waiver must adopt a written policy for requests, covering business hours and after hours, including weekends and holidays (716.004(b)).
In counties with a medical examiner, Code of Criminal Procedure Art. 49.25, Sec. 10a sets the same 48 hour rule. It does not apply when the death certificate shows Asiatic cholera, bubonic plague, typhus fever or smallpox, and in a public health disaster the commissioner of public health may name other diseases.
The Texas Funeral Service Commission rule 22 TAC 205.7 repeats the 48 hour waiting period and the same waivers.
The death certificate must be filed with the local registrar no later than the 10th day after the death (193.003). The TFSC brochure says a report of death must be made within 24 hours.
The 48 hours is a minimum wait, not a deadline. A body held more than 24 hours must be refrigerated, embalmed or sealed (see embalming and refrigeration).
Change coming: Code of Criminal Procedure Chapter 49 (inquests, including Art. 49.09 and 49.25) is repealed effective April 1, 2027 and moved to a new Chapter 49A by H.B. 1610 (2025), which the Legislature describes as a nonsubstantive revision. The 48 hour rule in Health and Safety Code 716.004 is not affected.

Sources: Tex. Health and Safety Code 711.002(a); Tex. Health and Safety Code 716.053(b); Tex. Health and Safety Code 716.051; Tex. Code of Criminal Procedure Art. 49.25, Sec. 10; Tex. Code of Criminal Procedure Art. 49.09(b); Travis County Medical Examiner, Fee Schedule; Tarrant County Medical Examiner, Information for Funeral Homes; 25 TAC 181.2(b), in TFSC 2024 Compilation of Relevant Texas State Laws; Tex. Health and Safety Code 716.004(a); TFSC, Facts About Funerals (updated 2022); Tex. Health and Safety Code 193.003(a); Texas House Bill Analysis, H.B. 1610 (89th Legislature)

Common questions

Who can authorize a cremation in Arkansas?

Who can authorize a cremation in Oklahoma?

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Who can authorize a cremation in Kansas?

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Who can authorize a cremation in Georgia?

Who can authorize a cremation in Tennessee?

Who can authorize a cremation in Texas?

Does a medical examiner have to approve a cremation in Arkansas?

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Who can authorize a cremation, and what must happen first