Cremation laws in Texas

Who has the right to decide

• 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.

Sources: Tex. Health and Safety Code 711.002(a); Tex. Health and Safety Code 716.053(b)

What must happen before a cremation

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.

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.

• 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.
• 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.

Sources: Tex. Health and Safety Code 716.004(a); Tex. Code of Criminal Procedure Art. 49.25, Sec. 10a; TFSC, Facts About Funerals (updated 2022); Tex. Health and Safety Code 193.003(a); Texas House Bill Analysis, H.B. 1610 (89th Legislature); Tex. Health and Safety Code 716.051; 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

Embalming and refrigeration

Texas law does not require embalming for cremation. A body held more than 24 hours after death must be kept refrigerated at 34 to 40 degrees Fahrenheit, embalmed, or sealed in a container that stops leaks and odors. A funeral home must have your permission before embalming.

• 25 TAC 181.4 (Department of State Health Services): no body may be held anywhere, or be in transit, more than 24 hours after death and before final disposition unless it is kept at 34 to 40 degrees Fahrenheit, embalmed, or sealed in a container that prevents seepage of fluid and escape of odors.
• 25 TAC 181.5(b): the state's embalming standards do not require or imply that a body must be embalmed before burial or cremation.
• The TFSC brochure says Texas law does not require embalming, and that most common carriers require embalming before shipping a body.
• Permission: embalming without the express written or oral permission of the person authorized to make arrangements, or without a documented reasonable effort over at least three hours to get it, violates Occupations Code 651.457(a)(1). The TFSC brochure says the permission may be written or verbal.
• A crematory may accept a body for refrigeration before it receives the authorization to cremate (22 TAC 205.5).
• Shipping by common carrier: an unembalmed body may be shipped only in an air-tight metal casket inside a strong shipping case, or a sound casket inside an air-tight metal or metal-lined case (25 TAC 181.3(a)(2)).

Sources: 25 TAC 181.4, in TFSC 2024 Compilation of Relevant Texas State Laws; TFSC, Facts About Funerals (updated 2022); Tex. Occupations Code 651.457(a)(1)

Caskets and containers

Texas does not require a casket for cremation, and a crematory cannot insist on one. The body must be in a closed, rigid, combustible cremation container. The ashes come back in a labeled temporary container or an urn, and a funeral home must accept a casket or urn you bought elsewhere without an extra charge.

• Tex. Health and Safety Code 716.151(a): the cremation container must be combustible, completely cover the body, resist leakage, be rigid for easy handling, and protect crematory staff. The container is cremated with the body (716.151(b)).
• A crematory may not require a casket, and may not refuse remains that are not in a casket (716.151(c)). It does not have to accept a container that is leaking body fluids (716.152(a)).
• Ashes are placed in a temporary container or urn with identification (716.155(a)), along with a permanent metal identification disc, bracelet, or similar item (716.103(b)).
• A temporary container must be labeled with the deceased's name, the crematory's name, and a notice that it is not meant for permanent storage in a niche, crypt or grave (716.155(c)). Ashes that do not fit are returned in a second temporary container (716.155(d)).
• Bone fragments are processed to one-eighth inch or less as needed (716.152(d)).
• Only one person may be cremated in a chamber at a time unless the authorizing agent of each person agrees in writing (716.153).
• Shipping ashes: only by a method with internal tracking and a receipt signed on delivery (716.155(e)).
• The TFSC brochure says caskets and urns bought outside a funeral home must be accepted by the funeral home without an additional charge.
• The federal Funeral Rule also guarantees the right to an alternative container for cremation (see federal section).

Sources: Tex. Health and Safety Code 716.151(c); Tex. Health and Safety Code 716.155(e); TFSC, Facts About Funerals (updated 2022)

Scattering or keeping the ashes

In Texas you may scatter ashes over uninhabited public land, over a public waterway or the sea, or on private land with the owner's written consent. Take the ashes out of the container first unless it is biodegradable. Ashes may also be placed in a cemetery grave, niche, crypt or scattering area, and the TFSC says families may keep them at home.

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.

• Tex. Health and Safety Code 716.302(e): ashes may be disposed of only (1) in a crypt, niche, grave or scattering area of a dedicated cemetery; (2) by scattering over uninhabited public land, the sea or other public waterways; or (3) on private property as directed by the authorizing agent, with the written consent of the property owner.
• 716.304: unless the container is biodegradable, the ashes must be removed from it before scattering.
• Without written permission from the authorizing agent, ashes may not be mixed with other people's ashes, except when scattered by air over a scattering area or at sea, and one urn may not hold more than one person's ashes (716.303).
• Once the crematory releases the ashes, the authorizing agent or their representative may carry them anywhere in Texas without a permit (716.301).
• The authorizing agent is responsible for the final disposition and should give the crematory a signed statement of the plan, if known (716.302(a) and (b)).
• Unclaimed ashes: if no one claims the ashes or gives instructions, the crematory, or the funeral home holding them, may dispose of them no earlier than the 121st day after cremation, and the authorizing agent is responsible for reasonable costs (716.302(c) and (d)).
• If the authorization form gives a shipping address, the crematory must ship the ashes no later than the 30th day after cremation (716.156(a)(3)).
• Texas State Veterans Cemeteries offer scattering in a memorial garden, among other options, for eligible veterans (TFSC Consumer Information).
• 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: Tex. Health and Safety Code 716.304; Tex. Health and Safety Code 716.302(e)(3); Tex. Health and Safety Code 716.301; TFSC, Facts About Funerals (updated 2022); TFSC, Consumer Information; EPA, Burial at Sea

Prices you are entitled to see

Texas adds its own price rules to the federal Funeral Rule. Funeral homes must answer price questions by phone, give you a general price list when you start discussing arrangements, and offer casket, outer burial container and urn price lists. You must also receive the state's Facts About Funerals brochure and a signed purchase agreement that tells you how to reach the TFSC.

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.

• 22 TAC 203.46 (TFSC rule): funeral providers must give accurate price information by telephone; give a casket price list before showing caskets; give an outer burial container price list; give an urn price list before showing urns (a Texas addition); and give a general price list to keep.
• The general price list must include, if offered, a price range for direct cremations, with a separate price when you provide the container and a separate price for each direct cremation that includes an alternative container, plus a description of what each price covers (203.46(b)(5)(B)(iii)).
• Occupations Code 651.405: a funeral home's retail price list must include prices for transfer of the body, embalming, facilities for viewing and services, hearse, limousine, caskets, outer enclosures, filing a life insurance claim for the beneficiaries, and other itemized services, plus a required printed notice.
• If the funeral home charges to process an insurance claim, that fee must be disclosed on the general price list (203.46(b)(5)(C)(iv)).
• Crematories must have their own retail price list with name, address, phone, effective date, and a required notice (651.4055).
• Brochure: the funeral home must give each prospective customer the TFSC's Facts About Funerals brochure when funeral services are discussed (651.404), free of charge, at the beginning of the arrangement conference (22 TAC 203.26).
• Purchase agreement: must list the goods and services chosen with prices, cash advance items, and the total (22 TAC 203.47). It must be signed by the funeral director and include the TFSC's contact details and a statement that complaints may be directed to the TFSC (651.406). Package pricing is allowed if the agreement itemizes the discount (651.406(d)).
• Display: a funeral home must display at least two full-size adult caskets, one of which is its lowest priced casket (22 TAC 203.25).
• Caskets and urns bought elsewhere must be accepted without an extra charge (TFSC brochure).
• Online price posting: no Texas requirement was found in Occupations Code Chapter 651 or the TFSC rules read. A licensee's website must show its licensed name and license number on the contact page (22 TAC 203.11(e)).
• The federal Funeral Rule also applies in Texas (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: 22 TAC 203.46(b)(1), in TFSC 2024 Compilation of Relevant Texas State Laws; Tex. Occupations Code 651.405(a)(9); Tex. Occupations Code 651.404; Tex. Occupations Code 651.406(a)(5); FTC, The FTC Funeral Rule; FTC, Funeral Industry Practices Rule (16 CFR 453)

Help paying for a cremation

We did not find a Texas state program that pays for cremation. Each county must provide for the disposition of a person who dies without means, and each county sets its own rules. If no family member or other person has the duty to arrange disposition, the county where the death happened must do it.

• Tex. Health and Safety Code 694.002(a): the commissioners court of each county must provide for the disposition of the body of a person who died without means, and may adopt rules for it. The court must consider information, including religious affiliation, given by the family members listed in 711.002.
• If the county finds cash with the deceased, it may use it for the actual costs; any remainder is held in trust for one year for anyone with a claim (694.002(c) and (d)).
• If no one has the duty to arrange the disposition, the person conducting an inquest does it, or, if there is no inquest, the county where the death occurred (711.002(e)).
• Example: Harris County's Bereavement Program, 8410 Lantern Point Dr., Houston, TX 77054, phone 713-696-1952. Its page reports far more cremations than burials among the cases it handles. Eligibility rules were not shown on the page read.
• To ask about help, contact the county where the death occurred; programs are usually run by the county's social or community services office.
• Veterans: Texas State Veterans Cemeteries offer burial of ashes, a columbarium niche, or scattering in a memorial garden. Veterans Land Board: 1-800-252-8387.
• The person who exercises the right to control disposition is liable for the reasonable cost and may seek repayment from the estate (711.002(a-3)).
• Federal help: Social Security's $255 lump-sum payment and VA burial benefits (see federal section).

Sources: Tex. Health and Safety Code 694.002(a); Tex. Health and Safety Code 711.002(e); Harris County Housing and Community Development, Bereavement Services; TFSC, Consumer Information

Who licenses crematories, and how to complain

Funeral homes, crematories, funeral directors and embalmers in Texas are licensed by the Texas Funeral Service Commission (TFSC) in Austin. You can file a complaint on the TFSC complaint form, generally within two years of the event. The TFSC does not regulate cemeteries; the Texas Department of Banking oversees prepaid funeral contracts and perpetual care cemeteries.

• Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. Phone 512-936-2474, toll free 1-888-667-4881. Email info@tfsc.texas.gov.
• Complaints: submit the TFSC complaint form (https://tfsc.texas.gov/files/Complaints/Complaint%20Form.pdf). Complaints must be filed within two years of the event, though the Executive Director may waive this for good cause. Funeral homes only have to keep records for two years, so older complaints can be harder to investigate.
• The TFSC brochure asks you to describe exactly what happened and include copies of documents from the funeral home. By law the TFSC updates the person who complained at least every three months until the complaint is resolved (Occupations Code 651.202(e)).
• The TFSC reviews each complaint to decide which agency has jurisdiction and forwards it if needed. Texas Department of Banking (prepaid funerals and perpetual care cemeteries): 2601 N. Lamar Blvd, Austin, TX 78705, (512) 475-1290. Texas Department of Insurance consumer help line: 1-800-252-3439.
• Check a license and any disciplinary actions through the TFSC License Search and Verification system (https://vo.licensing.hpc.texas.gov/datamart/selSearchType.do).
• The TFSC warns that many providers advertising online in Texas do not hold a Texas license, and that it has very limited power to resolve complaints against unlicensed businesses.
• Every purchase agreement must give the TFSC's name, mailing address and phone number, and say that complaints may be directed to the TFSC (651.406(a)).
• Soliciting a family at or near the time of death is restricted by law (TFSC brochure). The brochure also lists the Attorney General's Consumer Protection Division and the Federal Trade Commission as other places to complain.
• Cremating without a signed authorization form or the deceased's written directions, or claiming to offer cremation without a license, is a Class B misdemeanor (Health and Safety Code 716.351).

Sources: TFSC, How to File a Complaint; TFSC, Consumer Information; Tex. Occupations Code 651.202(e)