Cremation laws in Missouri

Who has the right to decide

• 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)).

Sources: RSMo 194.119 (Missouri Revisor); 20 CSR 2120-2.071

What must happen before a cremation

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.

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.

• 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.
• 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.

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

Embalming and refrigeration

We did not find a Missouri rule that requires embalming. A funeral home may not hold an unembalmed body longer than 24 hours unless it is refrigerated at 40 degrees Fahrenheit or colder, or sealed in an airtight metal case.

• 20 CSR 2120-2.070(16): 24 hour limit for unembalmed bodies unless refrigerated at 40 degrees F or cooler, or in a hermetically sealed metal or metal-lined case.
• Embalming requires authorization from the person entitled to control the body, or the deceased's own written authorization.

Source: 20 CSR 2120-2.070

Caskets and containers

Missouri does not require a casket for cremation. The body must be in a combustible container, a pouch, a cardboard cremation container, or a casket of wood or metal. The family can choose a simple container.

• 20 CSR 2120-2.071(11): acceptable containers include a cremation container, plastic pouch, cardboard cremation container, or a wood or metal casket.
• The container must be leak resistant if the body is not embalmed or the death was from a contagious disease.
• If a metal casket is used, the funeral director must tell the family what happens to it after cremation.
• Pacemakers must be removed before flame cremation (20 CSR 2120-2.071(13)).

Source: 20 CSR 2120-2.071

Scattering or keeping the ashes

We did not find a Missouri statute that limits where a family may keep or scatter ashes. Ask the landowner or the managing agency before scattering on land that is not yours. 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.

• RSMo 194.350 covers ashes left unclaimed with a funeral establishment: after 90 days' written notice, it may scatter or bury them in a dedicated scatter garden, pond or columbarium, or release them to next of kin or a veterans' organization.
• Rules on private land, public land and inland waters were not found on the Missouri pages read. See the unverified list.
• Ocean: see the shared federal EPA entry.
• 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: RSMo 194.350 (Missouri Revisor); EPA, Burial at Sea

Prices you are entitled to see

Missouri requires a written statement of charges before services are provided, signed by the funeral director and the family. It must list each service, each item, cash advance items, and the payment method. A preneed contract cannot replace it.

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.

• 20 CSR 2120-2.080: written statement of charges with prices of services, supplemental items and merchandise (with a detailed casket and outer container description), cash advance items and payment method.
• Funeral establishments must keep their General Price List on the premises (20 CSR 2120-2.070).
• No Missouri online price posting requirement was found.
• 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: 20 CSR 2120-2.080, Written Statement of Charges; FTC, The FTC Funeral Rule; FTC, Funeral Industry Practices Rule (16 CFR 453)

Help paying for a cremation

Missouri has no statewide cremation assistance program that we found. When a coroner is involved and no one is able or willing to handle burial, the coroner arranges burial or cremation and the county commission pays reasonable costs.

• RSMo 58.460: in coroner cases with no relative, friend or other responsible person, the coroner arranges burial or cremation, with ashes placed in a marked grave, and the county commission allows reasonable expenses.
• RSMo 58.550: after an inquest, burial costs come from the estate if there is one; if no estate or liable person, the county pays.
• Coroner or medical examiner is last on the next-of-kin list, but that does not make the county or state pay (RSMo 194.119.2(9)).

Sources: RSMo 58.460 (Missouri Revisor); RSMo 58.550 (Missouri Revisor)

Who licenses crematories, and how to complain

The Missouri State Board of Embalmers and Funeral Directors licenses funeral homes and crematories (crematories are licensed funeral establishments). You can download a complaint form from the board's website.

• State Board of Embalmers and Funeral Directors, 3605 Missouri Boulevard, P.O. Box 423, Jefferson City, MO 65102-0423. Phone 573-751-0813. Email embalm@pr.mo.gov.
• Complaint form (linked from the board page, not opened): https://pr.mo.gov/boards/embalmers/375-1072%20Complaint%20Form.pdf
• The board page also links an active licensee search.

Source: Missouri Division of Professional Registration, Embalmers and Funeral Directors