Legal Considerations for Disposing of Dead Human Remains in Missouri

The handling and disposal of human remains in Missouri are governed by a combination of state laws and regulations, which aim to ensure public health, respect for the deceased, and the rights of families. This article provides an overview of the legal framework surrounding the disposal of human remains in Missouri, including burial, cremation, and alternative methods.

1. Burial

In Missouri, burial is one of the most common methods for disposing of human remains. The key legal requirements include:

• Death Certificate: A death certificate must be obtained and filed with the local registrar within five days of death and before final disposition. This document is crucial for legal and administrative purposes.
• Burial Permits: A burial-transit permit is required before remains can be buried, cremated, or otherwise disposed of. This permit is issued by the local registrar upon receipt of a properly completed death certificate.
• Cemeteries: Missouri law requires that burials be conducted in established cemeteries. Private land burials are allowed but require the property to be officially designated as a family cemetery and registered with the county.
• Depth Requirements: State regulations may specify minimum depth requirements for burials to ensure proper decomposition and environmental protection.

2. Cremation

Cremation is an increasingly popular choice for handling human remains in Missouri, governed by specific legal provisions:

• Waiting Period: Missouri law mandates a 24-hour waiting period between the time of death and the cremation process. This allows time for any potential legal or medical investigations.
• Authorization: Written authorization from the deceased (if pre-arranged) or the next of kin is required for cremation. This ensures that the process aligns with the deceased’s wishes or their family’s consent.
• Cremation Permit: A cremation permit, issued by the local registrar, must be obtained before proceeding with cremation. This is part of the regulatory oversight to ensure all legal and health requirements are met.
• Disposition of Ashes: Missouri law is flexible regarding the disposition of ashes. They can be kept by the family, scattered on private property with permission, or interred in a cemetery. Scattering ashes on public land may require specific permission from relevant authorities.

3. Alternative Methods

Missouri also recognizes certain alternative methods for the disposition of human remains:

• Alkaline Hydrolysis: Also known as water cremation, this method is permitted in Missouri. It involves using a water-based solution to break down the body, resulting in a more environmentally friendly process. The legal requirements mirror those of traditional cremation.
• Donation for Medical Research: Individuals may choose to donate their bodies to science. Missouri law requires donors to make prior arrangements with medical institutions, which typically handle all legal documentation and disposition after study.

4. Regulatory Bodies

Several state and local agencies regulate the disposal of human remains in Missouri:

• Missouri Department of Health and Senior Services (DHSS): Oversees the registration of deaths and the issuance of burial and cremation permits.
• Missouri State Board of Embalmers and Funeral Directors: Regulates funeral service providers, ensuring compliance with state laws and professional standards.
• Local Health Departments: May have additional regulations and requirements to address specific public health concerns within their jurisdictions.

5. Legal Penalties

Failure to comply with Missouri’s laws and regulations regarding the disposal of human remains can result in legal penalties, including fines and criminal charges. Unauthorized disposition, such as burying remains outside a designated cemetery without proper permits, is subject to legal action.

Conclusion

The disposal of human remains in Missouri is a process governed by a comprehensive set of laws and regulations designed to respect the deceased and protect public health. Individuals and families are advised to work closely with licensed funeral service providers to ensure all legal requirements are met. Understanding these laws can help ensure that the final wishes of the deceased are honored and that the process is handled with dignity and respect.

Todd Miller is a monthly contributor and regularly writes and speaks on various legal topics including bankruptcy, estate planning, probate, and elder law. He formed the Law Office of Todd Miller, LLC, 1305 Southwest Blvd., Ste. A, Jefferson City, Missouri in 2006. He has been awarded the Substantial Contributor Attorney Award by the Missouri Bar and ranked as one of the “Top Attorneys in Missouri” by The Legal Network. Mr. Miller earned his juris doctorate degree from the University of Missouri School of Law in 1999 and graduated with honors from Lincoln University in 1991. You may find him at www.toddmillerlaw.com (573) 634-2838 or on Facebook, Instagram, and Twitter.