Cremation laws in Georgia

Who has the right to decide

• 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)).

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

What must happen before a cremation

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.

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.

• 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.
• 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).

Sources: Ga. Comp. R. & Regs. 511-1-3-.19(6)(a); O.C.G.A. 43-18-9(f), in S.B. 241 (2025), as signed; 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)

Embalming and refrigeration

Georgia does not require embalming for a direct cremation, according to the Attorney General's Consumer Protection Division, and you cannot be charged for embalming your family did not authorize unless state law requires it. We did not find a Georgia rule setting a time limit for refrigerating an unembalmed body in the sources we could read.

• Consumer Protection Division: for a direct cremation, embalming and a casket are not legally required, and you cannot be charged for embalming your family did not authorize unless it is required by state law.
• The state's 2012 guide says embalming may be required for certain infectious diseases and that funerals with a viewing may require it, but it is not required for cremation or immediate burial.
• During a dispute over who controls disposition, the funeral home may embalm, refrigerate or otherwise shelter the body until the dispute is settled, and those costs can be added to the final bill (2012 guide).
• Refrigeration time limit: none found in Board rules (chapter 250-6) or DPH vital records rules (511-1-3). See the unverified list.
• The federal Funeral Rule requires funeral homes to tell you that embalming is not required by law except in certain special cases (see federal section).

Sources: Georgia Attorney General's Consumer Protection Division, Funeral Services; Georgia Division of Aging Services, A Guide to Funeral Homes, Crematories and Cemeteries (revised 2012)

Caskets and containers

Neither Georgia nor federal law requires a casket for cremation, and a funeral provider that offers cremation must make alternative containers available and tell you about them. After cremation, the identification tag goes inside the urn or container with the ashes, and the container is labeled on the outside. Ashes may only be shipped by a tracked method with a signed receipt.

• Consumer Protection Division: no casket is required for cremation, the provider must offer alternative containers, and a funeral provider cannot refuse a casket or urn you bought elsewhere or charge a fee for using it.
• An alternative container is any receptacle strong enough to hold and transport a body, other than a casket (O.C.G.A. 43-18-1(1)).
• The tag from the body is placed on top of the ashes inside the container, and the outside label shows the same information (except the Social Security number) and who will receive the ashes (43-18-8(a)(2)).
• A funeral home may not accept ashes from a crematory unless the container is labeled and comes with the crematory's affidavit, which the funeral home passes to the family (43-18-8(b), (c)).
• Ashes may be shipped only by a method with internal tracking and a receipt signed by the person accepting delivery (43-18-80(c)).
• Crematories that serve the public must have a display room with an adequate supply of urns (Board rule 250-6-.07(1)(b)).
• The state's 2012 guide says a combustible cremation container is all that is needed, and a cardboard box made for the purpose is acceptable.
• The federal Funeral Rule also guarantees the right to an alternative container (see federal section).

Sources: Georgia Attorney General's Consumer Protection Division, Funeral Services; O.C.G.A. 43-18-1(1), in S.B. 241 (2025), as signed; Ga. Comp. R. & Regs. 250-6-.07(1)(b); Georgia Division of Aging Services, A Guide to Funeral Homes, Crematories and Cemeteries (revised 2012)

Scattering or keeping the ashes

Georgia law allows scattering of cremated remains; it is expressly not treated as abandoning a body. For burial at sea from a Georgia harbor or by air, the ashes must be removed from their container, scattered at least three miles from shore within 50 days of cremation, and a verified statement filed with the local registrar. The state's 2012 guide says scattering on private land needs the owner's permission.

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.

• O.C.G.A. 31-21-44.2(a)(2), as amended by S.B. 241 (effective July 1, 2025): scattering cremated remains, burial at sea and other lawful methods are not an offense of abandoning a body.
• Burial at sea (31-21-4(a), as amended): ashes may be taken by boat from any Georgia harbor, or by air, for burial at least three miles from the nearest shoreline; they must be removed from their container first. The burial must happen within 50 days of cremation (it may be delayed for bad weather), and a verified statement with the person's name, time and place of death and place of burial must be filed with the local registrar in the county nearest the burial point.
• Unclaimed ashes (43-18-80(d)): if 60 days after cremation the authorizing agent has not claimed the ashes or given instructions, the holder must send a notice; if 30 more days pass without instructions, it may entomb, inter or scatter the ashes under local and state law, or store them. The resting place must be marked and recorded unless the ashes are scattered, and the cost charged to the authorizing agent may not exceed $100.
• Whoever requests a cremation must give an address for notice when the ashes are ready (31-21-4(b)).
• Veterans' ashes left unclaimed are held at least 60 days, then the family is sent a written notice; after 30 more days without a reply, a veterans' organization is contacted to arrange burial in a state or national veterans cemetery (43-18-9(e)(2)).
• The state's 2012 guide lists options including scattering on private property with the owner's permission where not prohibited, if the remains are not distinguishable to the public; a cemetery scattering garden; and national parks with a special permit.
• 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: O.C.G.A. 31-21-44.2(a)(2), in S.B. 241 (2025), as signed; Georgia Division of Aging Services, A Guide to Funeral Homes, Crematories and Cemeteries (revised 2012); EPA, Burial at Sea

Prices you are entitled to see

Georgia adds some state rules to the federal Funeral Rule. Each casket must carry a card or brochure with its price, and once you choose a service the funeral home must give you a written statement, signed by a licensed funeral director, of the service price, each extra item, and each cash advance, before providing them. Charges must match the funeral home's price lists, and a willful violation of FTC rules is grounds for discipline. We found no Georgia rule requiring prices to be posted online.

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.

• Board rule 250-6-.06(2)(p): a card or brochure in each casket must state its price. Once arrangements are complete and before services or merchandise are provided, the funeral director must give a signed, certified written statement of the price of the chosen service and what it includes, the price of each extra item, and each amount advanced for the family. The fine for failing to comply is $200.
• 250-6-.06(2)(g): a funeral home must keep a display room with actual adult caskets (or models or sections if the caskets are in stock or can be delivered within 24 hours) and a stock of at least eight caskets.
• O.C.G.A. 43-18-46(17): charges must match the general price list, casket price list, outer burial container list or funeral service contract price list.
• 43-18-46(11) and (22): misleading statements about legal or cemetery requirements, and willful violations of Federal Trade Commission rules, are grounds for discipline.
• Registered perpetual care cemeteries should post a full schedule of charges, including opening and closing a grave and any weekend or holiday price differences (Consumer Protection Division).
• Online price posting: none found. See the unverified list.
• The federal Funeral Rule also applies in Georgia (see federal section).
• 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: Ga. Comp. R. & Regs. 250-6-.06(2)(p); O.C.G.A. 43-18-46(17), in S.B. 241 (2025), as signed; Georgia Attorney General's Consumer Protection Division, Funeral Services; FTC, The FTC Funeral Rule; FTC, Funeral Industry Practices Rule (16 CFR 453)

Help paying for a cremation

When someone dies in Georgia and the family is indigent and cannot pay, the county where the death occurred must provide money for a decent burial, cremation or other final disposition, or repay relatives who paid, in an amount the county sets (O.C.G.A. 36-12-5, as amended July 1, 2025). For deaths caused by a crime, the Georgia Crime Victims Compensation Program can pay up to $6,000 for funeral expenses.

• O.C.G.A. 36-12-5(a): if the decedent and the family are indigent and unable to provide for burial, cremation or other final disposition, the county where the death occurred pays a sum sufficient for it, or reimburses the family members who voluntarily paid. The county sets the amount, which may not exceed the actual cost.
• The state Department of Corrections may reimburse the county for the disposition of a state inmate, but not for someone in county custody (36-12-5(b)).
• How to apply: the state's 2012 guide said to contact the Division of Family and Children Services (DFCS) in the county where the person lived and ask for the indigent burial department, and that there is no funeral service and a designated funeral home is used. This may be out of date; ask your county government.
• Crime victims: the Criminal Justice Coordinating Council's Crime Victims Compensation Program pays funeral expenses up to $6,000 (up to $3,000 for crimes before May 6, 2015). Submit an itemized funeral bill, a signed death certificate, and a receipt for any amount you paid. Crime scene cleanup is covered up to $1,500.
• Federal help: Social Security's $255 lump-sum payment and VA burial benefits (see federal section). Georgia also runs two state veterans cemeteries, in Glennville and Milledgeville.

Sources: O.C.G.A. 36-12-5(a), in S.B. 241 (2025), as signed; Georgia CJCC, What Our Programs Cover; Georgia Division of Aging Services, A Guide to Funeral Homes, Crematories and Cemeteries (revised 2012); Georgia Attorney General's Consumer Protection Division, Funeral Services

Who licenses crematories, and how to complain

Funeral homes, crematories, funeral directors and embalmers in Georgia are licensed by the Georgia State Board of Funeral Service, under the Secretary of State. File a complaint in writing with the Board at 237 Coliseum Drive, Macon, GA 31217, giving your contact details, the business's name and address, and what happened. For unfair or deceptive business practices, you can also complain to the Attorney General's Consumer Protection Division at (404) 651-8600, or toll free in Georgia at (800) 869-1123.

• Board rule 250-7-.01: any person may file a written complaint with the Board. It must include your name, address, phone number and email if you have one, the name and address of the person or business complained about, and the specific circumstances.
• While a complaint is under investigation, the name of the licensee is kept confidential until the Board takes official action (rule 250-7-.01, citing O.C.G.A. 43-1-19(h)(2)). The Board reviews each complaint and decides what investigation is appropriate (rule 250-7-.02).
• Board phone: (478) 207-2440, per the state's 2012 guide. The Secretary of State's website refused automated requests, so current contact details and the online complaint form could not be checked.
• The Board inspects funeral homes regularly and crematories at least once a year, and can fine establishments for each violation found (rules 250-6-.06, 250-6-.07).
• Grounds for discipline include misleading statements about legal or cemetery requirements, charges that do not match the price lists, and willful violations of Federal Trade Commission rules (O.C.G.A. 43-18-46, as amended by S.B. 241).
• Cemeteries and preneed sellers are registered with the Secretary of State under the Georgia Cemetery and Funeral Services Act (O.C.G.A. 10-14). Complaints about cemetery grounds or merchandise go to the Secretary of State; contract disputes are a private legal matter.
• Consumer Protection Division: 40 Capitol Square SW, Atlanta, GA 30334. The FTC also takes Funeral Rule complaints.

Sources: Ga. Comp. R. & Regs. 250-7-.01; Georgia Attorney General's Consumer Protection Division, Funeral Services; Georgia Division of Aging Services, A Guide to Funeral Homes, Crematories and Cemeteries (revised 2012)