Cremation laws in Kansas

Who has the right to decide

• 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)).

Sources: K.S.A. 65-1734 (Kansas Revisor of Statutes); K.S.A. 58-629(f); K.S.A. 65-1764(c)

What must happen before a cremation

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.

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.

• 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.
• 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).

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

Embalming and refrigeration

Kansas does not require embalming for cremation if the cremation happens within 24 hours of death. After that, the body must be embalmed or kept in refrigerated storage below 40 degrees Fahrenheit. A crematory that cannot cremate right away must refrigerate an unembalmed body.

• K.A.R. 63-3-11(d): a body may be cremated without embalming if cremation is within 24 hours of death. A reasonable delay beyond 24 hours is allowed for Sabbath or holy days if no health hazard or nuisance results.
• K.A.R. 63-3-11(e): if embalming would violate personal or religious beliefs, a body may be cremated without embalming if no health hazard results. An unembalmed body may be stored at a constant temperature below 40 degrees Fahrenheit, and once removed from storage it must reach its destination within 24 hours.
• K.S.A. 65-1763(b)(1): a crematory that cannot cremate immediately must refrigerate an unembalmed body at 40 degrees Fahrenheit or less, or hold it in a cremation container at a funeral home with a preparation room or a board-approved holding facility.
• Certain infectious diseases (K.A.R. 63-3-10(b), such as meningococcal infection, Ebola, Lassa fever, anthrax, rabies and brucellosis): the body must be handled by a licensed Kansas embalmer. It may still be cremated without embalming within 24 hours of death if placed in a suitable combustible container.
• Funeral home policy: the Board notes some funeral homes will not allow a public visitation unless the body is embalmed. That is a funeral home policy, not a law.

Sources: K.A.R. 63-3-11(d) (Kansas Secretary of State, authenticated); K.S.A. 65-1763(b)(1); K.A.R. 63-3-10(c); KSBMA, Consumer FAQ

Caskets and containers

No Kansas law requires a casket for cremation. The body must be in a closed, combustible container before it goes to the crematory. The ashes come back in a temporary container, at least a taped cardboard box, or in an urn you choose.

• K.A.R. 63-3-11(f): if no casket is used, the body must be placed in a suitable combustible container that is permanently closed before release to the crematory.
• K.S.A. 65-1760(a): an alternative container is a non-casket receptacle that is combustible, can be closed, resists leakage, is rigid enough to handle, and protects crematory staff.
• The Board of Mortuary Arts says no state law requires a casket, though some type of container may be needed, such as a wooden box, canvas pouch or simple combustible container. Individual crematories may have their own policies.
• Ashes: placed in a temporary container or urn with identification. A temporary container must be at least a cardboard box with all seams taped (K.S.A. 65-1763(g)).
• Shipping ashes: only by a method with internal tracking and a signed delivery receipt (K.S.A. 65-1763(g)(4)).
• Only one body may be cremated in a chamber at a time unless every authorizing agent gives specific written permission (K.S.A. 65-1763(d)).
• Metal remnants or implants may be recycled only with consent from the legal next of kin (K.S.A. 65-1773).
• The federal Funeral Rule also guarantees the right to an alternative container for cremation (see federal section).

Sources: K.A.R. 63-3-11(f) (Kansas Secretary of State, authenticated); K.S.A. 65-1760(a); KSBMA, Consumer FAQ; KSBMA, Facts About Funerals; K.S.A. 65-1763(g)(3)

Scattering or keeping the ashes

Kansas has no specific state law on scattering ashes. The Board of Mortuary Arts advises getting permission from the landowner, and thinking about the neighbors, before scattering on land you do not own. You may also keep the ashes at home, place them in a cemetery or columbarium, or scatter at sea under the federal 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.

• The Board's consumer FAQ says there are no specific state laws on scattering ashes.
• Options the Board lists: private scattering, scattering at sea, scattering by airplane over unpopulated areas, burial in a cemetery, a columbarium niche, or keeping the ashes at home.
• Land you do not own: ask the owner, private or public, for permission, preferably in writing. Check city or county ordinances too.
• Federal land: the Board's FAQ says scattering at federal parks and waterways is illegal. Federal park rules were not checked. See the unverified list.
• Ashes shipped by a crematory must go by a tracked method with a signed receipt (K.S.A. 65-1763(g)(4)).
• 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: KSBMA, Consumer FAQ; KSBMA, Facts About Funerals; EPA, Burial at Sea

Prices you are entitled to see

Kansas adds a few price rules to the federal Funeral Rule. Each casket on display must carry a price card, and when you make arrangements the funeral home must give you a signed written statement of prices before providing services. We found no Kansas 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.

• K.A.R. 63-3-17(a): every casket in the selection room must have a card or brochure showing its price and what is included. Separately priced items must each be shown.
• K.A.R. 63-3-17(c): at the time arrangements are made, or before goods or services are provided, the funeral home must give a written price statement signed by the licensee or a representative. It shows the chosen service and what it includes, each extra item, and each cash advance item.
• K.A.R. 63-3-17(d): rental caskets must be labeled as rental caskets, including on the casket price list.
• The Board says prices can be asked for and given by telephone, and that anyone who visits a funeral home and asks is entitled to the retail price list.
• The Board regulates how prices are displayed and distributed but cannot set prices.
• Online price posting: no Kansas requirement was found in the statutes and regulations read. See the unverified list.
• The federal Funeral Rule also applies in Kansas (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: K.A.R. 63-3-17(a) (Kansas Secretary of State, authenticated); KSBMA, Facts About Funerals; KSBMA, File a Complaint; FTC, The FTC Funeral Rule; FTC, Funeral Industry Practices Rule (16 CFR 453)

Help paying for a cremation

We did not find a state program that currently pays for cremation in Kansas. The state's funeral assistance program was suspended in 2010 for lack of funding. When there is no family, or the family cannot make arrangements, the county coroner arranges burial or cremation and the county pays what the person's own property cannot cover.

• K.S.A. 22a-215: when no family claims the body, the coroner arranges cremation or burial. Costs come first from any property found with the body, then from the county general fund.
• Johnson County's medical examiner describes the county's duty as covering people with no identified next of kin or whose family is unable to make funeral arrangements. The office tries to reach family before a county cremation, often for weeks or months.
• Before an unclaimed body can be handled as unclaimed, family or friends have 72 hours after death to claim it, and a diligent search for relatives must run 96 hours (K.S.A. 65-904).
• State funeral assistance: K.S.A. 39-713d lets the Secretary for Children and Families pay funeral costs for a person who was receiving assistance. The regulation, K.A.R. 30-4-98, covers a cremation, requires a request within six months, and sets a $2,000 resource limit. The program was suspended for state fiscal year 2011 because the Legislature did not fund it. Whether it has been funded since was not confirmed. See the unverified list.
• Body donation: the Board lists donation to science as an option when no money is available. KU Willed Body Program, University of Kansas School of Medicine, 913-588-2735.
• Autopsies ordered by the coroner or medical examiner cost the family nothing in Johnson and Sedgwick counties; they are paid with public funds.
• Federal help: Social Security's $255 lump-sum payment and VA burial benefits (see federal section).

Sources: K.S.A. 22a-215; Johnson County, Unclaimed Cremated Remains Laid to Rest in Shawnee (Oct. 29, 2025); K.S.A. 65-904(a); K.S.A. 39-713d; K.A.R. 30-4-98 (Cornell LII copy); Kansas DCF, KEESM Revision 44 Summary of Changes (July 2010); KSBMA, Consumer FAQ; Sedgwick County Regional Forensic Science Center, Family Support Information

Who licenses crematories, and how to complain

Funeral homes, crematories, funeral directors, embalmers and crematory operators in Kansas are licensed by the Kansas State Board of Mortuary Arts in Topeka. To complain, you file a signed Affidavit and Complaint form with the Board. Complaints only about overcharging, or about cemeteries, go to the Kansas Attorney General's Consumer Protection Division.

• Kansas State Board of Mortuary Arts, 700 SW Jackson St, Suite 904, Topeka, KS 66603-3733. Phone (785) 296-3980. Fax (785) 296-0891. Email boma1@ksbma.ks.gov. Hours on the complaint page: Monday to Friday, 8:00 a.m. to 4:00 p.m.
• Complaint steps: submit the Affidavit and Complaint form, get an acknowledgment, staff investigate and write a report, the Board's Investigative Committee reviews it, and a hearing may follow. You are told the result. There is no set time frame.
• Helpful attachments listed by the Board: a copy of the death certificate, the obituary, and papers from the funeral home such as bills and the authorization to embalm.
• Filing a complaint does not pause a bill owed to a funeral home.
• The Board can revoke, suspend or censure licenses. It can decide how funeral home prices are displayed and distributed, but it cannot set prices.
• Kansas Attorney General, Consumer Protection Division: 120 SW 10th Street, Suite 430, Topeka, KS 66612-1597. 1-800-432-2310 or (785) 296-3751. The Board sends overcharging and cemetery complaints there.
• Crematories must be licensed by the Board (K.S.A. 65-1761), and violating the Kansas cremation act is a class A nonperson misdemeanor (K.S.A. 65-1766(e)).
• At-need solicitation, meaning uninvited sales contact after a death or when death is imminent, is against the law and can be reported to the Board (K.S.A. 65-1751(a)(10)).
• The Board also publishes disciplinary actions and inspection reports on its website (pages linked from the site menu; not opened).

Sources: KSBMA, File a Complaint; K.S.A. 65-1761(a); KSBMA, Facts About Funerals