Cremation Laws in Colorado (2026): Waiting Periods, Permits, Cremation Authorization & Next-of-Kin Order

If you are arranging a cremation in Colorado, it can feel like you are being asked to do two different things at once: grieve, and manage a process that is both emotional and procedural. Most families are not worried about “legal language” for its own sake. They are trying to avoid delays, prevent conflict, and make sure their loved one is handled with care.

Cremation is also no longer a niche choice. According to the National Funeral Directors Association, the U.S. cremation rate was projected to reach 63.4% in 2025, and continue rising in future decades. The Cremation Association of North America reports the U.S. cremation rate was 61.8% in 2024. When cremation becomes this common, the “rules” matter less as abstract law and more as the guardrails that help families avoid preventable stress.

This guide focuses on cremation laws Colorado families tend to encounter in real life in 2026: whether there is a waiting period, which permits and paperwork come up, cremation authorization Colorado signing rules, what Colorado’s next of kin order Colorado looks like, and how coroner/medical examiner cases can affect timing. Requirements can change, so when you see something that feels important to your situation, treat it as a cue to confirm the current rule with the provider and the relevant Colorado office before you sign.

The two kinds of “permission” you usually need in Colorado

Colorado families often hear the word “permit” and assume it means a single piece of paper. In practice, it helps to separate the process into two permissions that work together.

The first is the state and county-side permission to proceed with final disposition. Colorado law states that the person who first assumes custody of the body must obtain authorization for final disposition, and that a body cannot be cremated (or otherwise disposed of) until that authorization has been obtained, completed, and approved. The statute also explains that the authorization is issued by the county office designated for vital records, or by the coroner (or the coroner’s designee) if the county does not have that office. That is Colorado Revised Statutes section 25-2-111. See C.R.S. § 25-2-111.

The second is the family-side permission: who has the legal authority to make the decision. Colorado’s “Disposition of Last Remains” framework sets out who controls disposition, what happens if there is a dispute, and how a person can appoint someone in advance. Those rules sit in Title 15, and Colorado’s legislature points the public to the official statutes hosted by LexisNexis through the Colorado General Assembly’s statutes page. See Colorado Revised Statutes (Colorado General Assembly).

Is there a waiting period before cremation in Colorado?

Families frequently search waiting period before cremation Colorado because some states do impose a hard, statewide minimum (often 24 or 48 hours). Colorado’s rules are usually experienced differently: the “delay” is driven by paperwork, authorization for final disposition, and (sometimes) a coroner investigation—not by a universal clock that must run out before cremation can occur.

Colorado’s Office of Funeral and Mortuary Science Services explains the practical 24-hour rule this way: embalming is not required if burial or cremation occurs within 24 hours, but if burial or cremation is to occur more than 24 hours after death, embalming or refrigeration is required. See the Colorado DORA FAQ at Colorado Funeral Home and Mortuary Science FAQ’s. That guidance is consistent with Colorado’s vital records regulations, which state that a body kept more than twenty-four hours before burial or cremation must be embalmed or properly refrigerated. See the official Code of Colorado Regulations PDF (5 CCR 1006-1) at Colorado SOS: 5 CCR 1006-1.

So the more realistic question for most families is not “How long does Colorado force us to wait?” but “How long will it take to complete the steps that Colorado requires before disposition is authorized?” Those steps can move quickly in a straightforward death with an available physician, and can slow down when medical certification is delayed or when the death is reportable to the coroner.

Permits and paperwork families typically encounter

The death certificate timeline and what “72 hours” really means

In Colorado, one of the most important timing rules is tied to filing the death certificate. Colorado’s SB23-020 changed the timeframe required to file a certificate of death from five days after death to 72 hours after the funeral director assumes custody, with exceptions when medical certification cannot be completed on time or when additional inquiry into cause and manner of death is required. See the Colorado General Assembly bill summary for SB23-020 (Timely Certified Death Certificates).

This matters because cremation cannot proceed until Colorado’s authorization for final disposition is obtained and approved under state law. In plain terms: the death certificate process and the disposition authorization are connected, even if the family only sees one or two signature pages.

The “disposition permit” (also called a burial-transit or final disposition permit)

Families will hear several names for the same concept: cremation permit Colorado, disposition permit Colorado, and burial transit permit Colorado. Colorado’s statute uses the language of “authorization for final disposition,” and it is the legal requirement that must be satisfied before the body can be cremated (or removed from the state). See C.R.S. § 25-2-111.

Colorado’s vital records regulations also describe the practical handling rules around final disposition, including that a final disposition permit must accompany remains during transport to their destination, and that ashes are not treated the same way as an uncremated body for certain permitting purposes. See Colorado SOS: 5 CCR 1006-1.

The cremation authorization form you sign with the provider

Separate from the vital-records authorization, funeral homes and crematories typically require a written cremation authorization form signed by the person who has the legal right to control disposition. This is where families often see questions about implanted devices (like pacemakers), witness options, and whether any commingling is authorized.

Colorado’s mortuary science code sets standards for crematories, including rules that a crematory must not cremate remains containing an implanted device, and requirements for using identification tags through the cremation process. See C.R.S. § 12-135-307. The same section also addresses commingling cremains only with written authorization from next of kin in certain circumstances. See C.R.S. § 12-135-307.

Who can authorize cremation in Colorado?

When families search who can authorize cremation Colorado or who can sign cremation authorization Colorado, what they are really trying to avoid is a surprise: a funeral home saying, gently but firmly, “We cannot proceed because the wrong person signed.” Colorado’s right-of-disposition law matters because it determines who is legally allowed to give instructions for final disposition.

Colorado’s right of disposition Colorado framework has two main paths. If the decedent completed a valid declaration, that declaration can appoint the person who directs disposition. Colorado law explicitly allows a declaration to specify the disposition and to appoint the person who directs it. See C.R.S. § 15-19-104. Colorado law also explains that a declaration is binding and controls over conflicting directions, unless challenged, and that challenges are resolved in probate court. See C.R.S. § 15-19-105.

If there is no declaration (or if it does not apply to the question at hand), Colorado sets out an order of priority for who controls disposition. The statute also clarifies that for certain classes, a majority of that group acts (for example, a majority of surviving adult children). See C.R.S. § 15-19-106.

• The decedent, acting through a declaration (if valid and applicable)
• An appointed personal representative or special administrator, or a nominee for appointment as personal representative
• The surviving spouse (if not legally separated)
• A person with the right in a designated beneficiary agreement
• A majority of the surviving adult children
• A majority of surviving parents or legal guardians (acting in writing)
• A majority of surviving adult siblings
• Any person willing to assume legal and financial responsibility for final disposition

Because Colorado uses “majority” language for several groups, families sometimes stumble when one sibling wants cremation, another wants burial, and the funeral home is caught in the middle. Colorado law says disputes among the people listed in the priority order are resolved by the probate court, and that a third party is not liable for refusing to accept or dispose of remains until it receives a court order or other reasonable confirmation that the dispute has been resolved. See C.R.S. § 15-19-106.

There is also a timing provision families rarely notice until it becomes relevant: Colorado law states that a person with the right to control disposition can be presumed unwilling or unable if they fail to make or appoint another person to make final arrangements within five days after receiving notice of the death or within ten days after the death, whichever is earlier. See C.R.S. § 15-19-106. In practice, funeral homes often still encourage families to resolve disagreements collaboratively, but it is helpful to know Colorado does not leave everyone in limbo indefinitely when no one acts.

When the coroner must be involved (and why that can change the timeline)

Some of the most stressful delays are not caused by the cremation provider at all. They happen when the death is reportable to the coroner, or when the cause and manner of death require investigation.

Colorado’s coroner statute lists circumstances that require inquiry to determine cause and manner of death, including deaths that may be unnatural, deaths involving intoxication, accidents (including workplace), unexpected or unexplained deaths of infants or children, deaths within twenty-four hours of admission to a hospital, sudden deaths in apparent good health, deaths in custody, and other circumstances warranting further inquiry. See C.R.S. § 30-10-606.

In a coroner case, you may hear language like “the coroner needs to release the body.” That phrase is not just custom. Colorado law states that when a death is reportable and the cause is unknown, the death must be reported immediately, and the body generally should not be removed from the place of death before the coroner (or designee) arrives or authorizes removal, with limited exceptions. See C.R.S. § 30-10-606. Once the coroner’s investigation steps are complete (or once the coroner determines no further investigation is required), the case can move back into the more routine death certificate and disposition authorization track.

Identification and custody safeguards you can ask for

Families deserve to feel confident about chain of custody, especially when the process involves transfers between a funeral home, a crematory, and sometimes a third-party transport team. Colorado’s crematory standards require an identification tag system and specify that the tag must be verified and positioned near the cremation chamber control panel, remaining there until the cremation is complete. See C.R.S. § 12-135-307.

In addition to what the law requires, families can request practical safeguards that reduce the chance of misunderstandings. If you are choosing a provider, it is reasonable to ask direct, calm questions such as:

• How do you verify identity at transfer points (pickup, arrival, and before cremation)?
• Do you use a tracking tag and can you describe where it stays during the process?
• Is the cremation performed on-site, or are remains transported to a third-party crematory?
• How are personal effects documented and returned?
• What is the typical turnaround time for ashes release in routine cases, and what changes in coroner cases?
• If we want a witnessed cremation, is that available, and what does it involve?

Colorado also has consumer-facing protections that are worth knowing when you are worried about being “held hostage” over a bill. Colorado’s Office of Funeral and Mortuary Science Services states it is unlawful for a funeral home or crematory to not properly and promptly release human remains or cremated remains to the custody of the person who has the legal right to effect such release, whether or not costs have been paid. See Colorado Funeral Home and Mortuary Science FAQ’s. This does not eliminate financial obligations, but it does change the power dynamic when a family is being pressured.

A simple Colorado timeline from death to cremation to ashes release

Every case has its own details, but most Colorado cremations follow a predictable rhythm. Thinking in “steps” can make the process feel less overwhelming, especially when you are also trying to support family members who are grieving.

1. Death occurs and the appropriate authorities are notified (medical staff, hospice, or emergency response). If the death is reportable, the coroner is notified and may take custody for inquiry. See C.R.S. § 30-10-606.
2. A funeral home (or the person acting as funeral director) assumes custody and initiates the death certificate process in Colorado’s electronic system; the medical certification is completed unless an inquiry is required. See SB23-020.
3. The provider obtains Colorado authorization for final disposition (often described to families as the final disposition permit or disposition permit). See C.R.S. § 25-2-111 and 5 CCR 1006-1.
4. The person with the legal right to control disposition signs the cremation authorization paperwork; if there is a dispute, the provider may pause until probate court resolves it. See C.R.S. § 15-19-106.
5. The crematory follows identification and safety procedures (tag verification, implanted device removal, and chamber controls). See C.R.S. § 12-135-307.
6. Cremation is performed, cremains are processed, and the ashes are prepared for return to the authorized person (or for delivery to a cemetery or other location chosen by the family).

After cremation: what Colorado rules do (and do not) control

Once families receive ashes, the questions often shift quickly from paperwork to meaning: what to do with ashes, whether keeping ashes at home is allowed, whether a water burial is possible, or whether multiple relatives can each have a keepsake.

Colorado’s funeral and mortuary regulator notes it has no rules or laws that apply to scattering cremated remains, and that cremated remains may be disposed of as the decedent or next of kin desires, subject to local ordinances and other applicable laws. See Colorado Funeral Home and Mortuary Science FAQ’s. Colorado’s vital records regulations also distinguish ashes from an uncremated body for certain purposes. See 5 CCR 1006-1.

This is where practical funeral planning meets memorial choices. Some families want a full-size urn at home, others want to divide remains among siblings, and others want to plan a scattering ceremony later when everyone can travel. If you are comparing options, it can help to see the categories laid out clearly:

For a home memorial, Funeral.com’s collection of cremation urns for ashes is a broad starting point, while small cremation urns and keepsake urns are often used when families plan to share ashes among relatives. If the memorial is for a beloved companion, Funeral.com’s pet cremation urns include options that feel more personal, including pet figurine cremation urns and pet keepsake cremation urns designed for sharing.

If you want something wearable, cremation jewelry can hold a symbolic amount, and many families pair it with a primary urn. Funeral.com’s cremation jewelry collection includes cremation necklaces, and Funeral.com’s guide Cremation Jewelry 101 explains how these pieces work in practical terms. If you are trying to choose an urn and want a calm approach to sizing and materials, How to Choose a Cremation Urn is a helpful reference point.

And if your questions include ceremony and logistics, two guides families often bookmark are Funeral.com’s overview of keeping ashes at home and its walkthrough of water burial planning.

Provider checklist to confirm compliance and avoid surprise fees

You do not need to “sound like a lawyer” to protect your family. You simply need to ask the questions that align with Colorado’s process and your own expectations. When you are comparing providers, a short checklist can prevent confusion later.

• Confirm who must sign based on Colorado’s right-of-disposition order (and whether a majority is required for your family group). See C.R.S. § 15-19-106.
• Ask what the provider needs to obtain Colorado authorization for final disposition and when that is typically issued in your county. See C.R.S. § 25-2-111.
• Ask whether the cremation is performed on-site, and if not, where remains are transported.
• Ask what happens if the case becomes a coroner case or is already under coroner jurisdiction. See C.R.S. § 30-10-606.
• Request a clear written price list before you agree, and confirm what is included (transport, refrigeration, crematory fee, death certificates, and the container). Colorado law also requires price transparency in certain contexts. See the regulator overview at Colorado Funeral Home and Mortuary Science FAQ’s.
• Clarify the expected timeline for ashes release and how you will be notified when they are ready.

If cost is part of your planning, it can help to separate the legal process from the pricing conversation. If you want a Colorado-specific overview of how much does cremation cost in 2026, Funeral.com’s guide How Much Does Cremation Cost in Colorado in 2026? walks through common pricing structures and what tends to be included.

FAQs about cremation requirements in Colorado