Cremation laws in Tennessee

Who has the right to decide

• 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.

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

What must happen before a cremation

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.

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.

• 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).
• 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)).

Sources: T.C.A. 68-3-502(a)(1), reprinted in TDH County Medical Examiner Handbook (2024); 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)

Embalming and refrigeration

We did not find a Tennessee rule that requires embalming before cremation in the sources we could read. At a crematory, an unembalmed body held for eight hours or more is expected to be in refrigeration, and state inspectors check for this. If the medical examiner needs to examine the body, it cannot be embalmed without the examiner's approval.

• The Board's crematory inspection form checks, under T.C.A. 62-5-507 (crematory facility operator duties), whether unembalmed bodies held for eight hours are in a refrigeration unit, and records the refrigeration capacity and temperature.
• No body subject to a post-mortem examination by the medical examiner may be embalmed without the county medical examiner's authorization (38-7-108(b)).
• Refrigerators and tools used for human bodies may not also be used for animal remains (Board rule 0660-11-.02(7)).
• Whether Tennessee requires embalming or refrigeration after a set time for bodies not yet at a crematory was not confirmed. 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: Tennessee Board of Funeral Directors and Embalmers, Human Crematory Inspection Report (IN-1974); T.C.A. 38-7-108(b), reprinted in TDH County Medical Examiner Handbook (2024)

Caskets and containers

The Tennessee rules we read focus on how ashes are kept and returned. All of the ashes must be returned to the family or responsible party, each person's ashes are kept separate and labeled, and if the urn is too small the rest goes in a second container kept with it. We could not read the state law on cremation containers, so ask your provider what container it uses.

• Board rule 0660-09-.01(6): the entire cremated remains must be returned to the family or responsible party.
• 0660-09-.01(3): if the urn or other container is too small for all the ashes, the rest goes in a secondary container kept with the urn and handled under the same instructions.
• 0660-09-.01(4) and (5): only one person's ashes may go in a container unless the personal representative gives written permission, and ashes may not be mixed for storage or disposition unless the personal representatives authorize it.
• Implants: with specific instructions or authorization, devices such as pacemakers, implants, metal hinges, screws and plates may be removed before or after cremation and must be disposed of lawfully so they cannot be recovered. Any payment from a recycler cannot exceed the crematory's actual cost (0660-09-.01(13)).
• The Board's authorization form asks the family to list implants to remove and whether anyone wishes to witness the casket or container being placed in the cremation chamber.
• Flying with ashes: the Board's page on TSA rules suggests a temporary or permanent container made of a lighter material such as wood or plastic, so it can be screened. TSA officers will not open a container.
• The federal Funeral Rule guarantees the right to an alternative container for cremation (see federal section).

Sources: Tenn. Comp. R. & Regs. 0660-09-.01(6); Tennessee Board of Funeral Directors and Embalmers, TSA Regulations for Traveling with Cremated Remains

Scattering or keeping the ashes

We did not find Tennessee's rules on scattering ashes in the official sources we could read. Ask your crematory or funeral home about any rules for the place you have in mind. For scattering at sea, the federal EPA rule applies.

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.

• Statewide scattering rules: not found in the Board rules or state pages read. See the unverified list.
• The Board's pre-approved authorization form lets the family choose where the ashes go: to a cemetery, to a named person, to the funeral home, by U.S. Postal Service mail, or another option.
• Carrying ashes on a plane: TSA officers will not open a cremation container, so choose one that can be screened (Board's TSA page).
• 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: Tennessee Board of Funeral Directors and Embalmers, Pre-Approved Authorization for Cremation form; Tennessee Board of Funeral Directors and Embalmers, TSA Regulations for Traveling with Cremated Remains; EPA, Burial at Sea

Prices you are entitled to see

Tennessee enforces the federal Funeral Rule through its own board rules, so breaking the Funeral Rule is also a violation of state rules. Tennessee adds that a funeral home cannot charge you more for a cash advance item, such as a death certificate or an obituary notice, than it paid. We found no Tennessee 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 0660-11-.06(1): no funeral director, embalmer or funeral home may engage in unfair or deceptive practices defined in the Funeral Rule, fail to follow the Funeral Rule's preventive requirements, or do anything else misleading or deceptive.
• 0660-11-.06(2): the charge for a cash advance item may not be more than the funeral home paid. It does not have to pass on a discount openly and regularly available to it, if it tells you it does or may receive one.
• Cash advance items may include cemetery or crematory services, pallbearers, clergy honoraria, flowers, musicians, obituary notices and death certificates (0660-01-.01(4)).
• Records that the FTC may inspect under the Funeral Rule must also be available to the Board (0660-11-.07(1)).
• Board field representatives check price lists and disclosures at yearly inspections.
• Any price list, advertisement or website must use the exact licensed name of the funeral home (0660-01-.03(2)).
• Online price posting: no Tennessee requirement was found in the Board rules read. See the unverified list.
• The federal Funeral Rule also applies in Tennessee (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: Tenn. Comp. R. & Regs. 0660-11-.06(1)(a); Tenn. Comp. R. & Regs. 0660-01-.01(4); Tennessee Board of Funeral Directors and Embalmers; FTC, The FTC Funeral Rule; FTC, Funeral Industry Practices Rule (16 CFR 453)

Help paying for a cremation

Tennessee counties may pay burial or cremation costs for a person who dies in the county without the means to pay, and each county sets its own process. When a body is unclaimed, the county medical examiner can direct cremation after relatives are notified and the body is held at least 96 hours. In Nashville, Metro Social Services runs a burial and cremation assistance program.

• Counties may set aside money for the burial or cremation of a person who dies in the county with no means to pay (T.C.A. 5-9-101(4), as summarized by the University of Tennessee County Technical Assistance Service). Before paying, the county needs an affidavit showing the cost and that the claimant has no other way to be paid (5-9-311).
• Unclaimed bodies: the official holding the body must notify the nearest known relative right away and hold the body at least 96 hours. If no one claims it, the state chief medical examiner is notified; if not requested within 72 hours, the body is buried or cremated (68-4-103).
• The coroner, medical investigator or county medical examiner may direct cremation of an unclaimed body after proper notice and the holding period (68-4-113).
• When the county is responsible, the public officer who arranges the disposition controls it (62-5-703(11)).
• Nashville and Davidson County: Metro Social Services pays for burial, or cremation if the applicant prefers, when the deceased lived or died in Davidson County, had income at or below 100% of the federal poverty guidelines, left no assets or life insurance enough to cover burial, and did not die in a state or federal institution or custody. The closest family member applies, Monday to Friday, 8:00 a.m. to 3:30 p.m. Call 615-862-6458 for an appointment. Cremation requires proof of relationship.
• For other counties, ask the county government where the death occurred.
• Federal help: Social Security's $255 lump-sum payment and VA burial benefits (see federal section).

Sources: UT County Technical Assistance Service, Disposition of Unclaimed Dead Bodies; T.C.A. 68-4-113, reprinted in TDH County Medical Examiner Handbook (2024); Metro Nashville Social Services, Apply for Burial Assistance

Who licenses crematories, and how to complain

Funeral homes, crematories, funeral directors and embalmers in Tennessee are licensed by the Tennessee Board of Funeral Directors and Embalmers, part of the Department of Commerce and Insurance in Nashville. You can file a complaint online. The Board can discipline a license but cannot get you a refund; for money disputes, the Attorney General's consumer mediation program may help.

• Board of Funeral Directors and Embalmers and Burial Services: phone (615) 741-5062, email funeral.cemetery.board@tn.gov. Tennessee Department of Commerce and Insurance, 500 James Robertson Pkwy, Nashville, TN 37243, main line (615) 741-2241.
• Complaints: file online at https://access.cloud.commerce.tn.gov/portal/public/information/complaint. You can attach documents, and you get an email confirmation with a complaint number. Each complaint is reviewed and then presented to the program for a final decision.
• The office cannot give legal advice or help people get refunds; its power is limited to disciplining a license. It points consumers to the Tennessee Division of Consumer Affairs mediation program.
• Board field representatives inspect funeral homes, embalming services and crematories every year, including their price lists and disclosures under the Federal Trade Commission rules.
• Every crematory must be licensed by the Board as a funeral establishment (rule 0660-09-.01(1)).
• The Burial Services section, run by the Commissioner, regulates cemeteries and pre-need sellers and agents.
• The Board's website offers license verification and a Disciplinary Action Report.

Sources: Tennessee Board of Funeral Directors and Embalmers, Help and Support; Tennessee Board of Funeral Directors and Embalmers, File a Complaint; Tennessee Board of Funeral Directors and Embalmers; Tenn. Comp. R. & Regs. 0660-09-.01(1)