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

If you’re reading this in the middle of loss, it can feel unfair that you have to learn a new vocabulary while you’re grieving. People use “permit” and “authorization” interchangeably, family members may have strong opinions, and every hour can feel like it matters. This guide is here to make cremation laws Montana feel understandable in plain language, with the actual source material linked so you can verify details with confidence.

Cremation is also not a niche choice anymore. The National Funeral Directors Association reports the U.S. cremation rate is projected to reach 63.4% in 2025, and the Cremation Association of North America reports a 61.8% U.S. cremation rate in 2024. That national shift is part of why states like Montana have detailed rules around timing, custody, paperwork, and who can legally say “yes” when cremation is the plan.

One important note before we start: this is a practical guide, not legal advice. Requirements can change, and local practice (especially coroner processes) can affect timing. When you’re unsure, ask your funeral home or crematory to show you the exact form they’re using and the Montana citation they’re following.

Is there a waiting period before cremation in Montana?

Yes. Montana has a clear statutory waiting period: human remains may not be cremated within 24 hours after the time of death. That rule appears in Montana Code Annotated 37-19-705. If you’re searching waiting period before cremation Montana or cremation waiting period Montana, that 24-hour minimum is the anchor.

It also helps to know what this rule does and does not mean. It does not guarantee cremation will happen at the 24-hour mark. Scheduling, paperwork, and coroner review can extend the timeline. But it does mean that even with everything signed quickly, the earliest lawful cremation is typically “after 24 hours have passed,” not “later the same day.”

Montana law also addresses care prior to cremation. If the crematory can’t perform cremation upon receipt, it must place the remains in a holding facility, and if the remains are not embalmed, they may not be held longer than 48 hours after the time of death outside of a refrigerated facility. Those requirements are also in 37-19-705. Practically, this is why many providers talk about refrigeration early, and why delays caused by missing signatures can create additional charges in some cases.

Permits and paperwork in Montana: what you’ll actually encounter

Families often hear several different terms at once: burial transit permit Montana, disposition permit Montana, cremation permit Montana, and cremation authorization Montana. In Montana, the “permit” most people mean is typically the authorization used to remove the body from the place of death and allow transport and disposition. Then there is a separate cremation authorization form that records the family’s legal permission and instructions.

The death certificate (filing timeline and cause-of-death certification)

In Montana, the death certificate process has its own timeline rules, and it’s helpful to separate “the certificate being filed” from “you receiving certified copies.” The Montana administrative rule on death certificates explains that the person in charge of final disposition must present the death certificate for cause-of-death certification within three working days after being notified of the death (or after receiving the authorization for removal/transport/disposition, whichever occurs first), and the certifier must complete and return it within 48 hours of receipt (with “pending” allowed if results are still coming). Those steps are in Mont. Admin. R. 37.8.801.

That same rule also sets a filing deadline: within ten calendar days after the date of death (or the date it was first discovered), the person in charge of final disposition must file a properly completed death certificate with the local registrar in the county where the death occurred. See Mont. Admin. R. 37.8.801. This is a key piece of cremation requirements Montana because delays in certification can slow everything else down, even when the family is ready.

The “permit” most families mean: Montana’s Dead Body Removal Authorization / ART form

Montana law provides that a dead body may be removed from the place of death only upon authorization by specific professionals (such as the physician in attendance, the physician’s designee, an advanced practice registered nurse in attendance, the coroner, or a licensed mortician), and that written authorization permits removal, transportation, and final disposition. That is in MCA 50-15-405. This is why you may hear a provider say, “We can’t move the body until we have the removal authorization.”

In day-to-day conversation, families may still call this a burial transit permit Montana or disposition permit Montana, but Montana uses a “dead body removal authorization” framework. The rule describing what must be included on the dead body removal authorization form (and how copies are distributed and delivered to the local registrar) is Mont. Admin. R. 37.8.808.

If you want to see the actual form families often encounter, the Montana Department of Public Health and Human Services Vital Statistics Bureau publishes an “Authorization for Removal, Transportation and Final Disposition of a Dead Body” (often called the ART form). You can view it here: Montana DPHHS ART Form (PDF). This document is a practical touchpoint because it shows the same core concept Montana law states in 50-15-405: authorization to remove and transport remains, plus authorization tied to final disposition.

The cremation authorization form (the family’s “yes,” plus required disclosures)

Separate from the removal authorization, Montana requires a cremation authorization form with specific disclosures and selections. The rule on what the cremation authorization form must include covers identification, the authorizing agent’s relationship and authority, hazardous implants, container disclosures, witnessing options, descriptions of the process, authorization to cremate, and directions for final disposition of the cremated remains. See Mont. Admin. R. 24.147.1107. If you’re searching cremation authorization form Montana or who can sign cremation authorization Montana, this is one of the rules that drives what providers must collect and document.

Montana law also prohibits cremation with a pacemaker or other potentially hazardous implant in place and makes the authorizing agent responsible for disclosing the existence of those devices. That is in MCA 37-19-705. In practice, this is why providers ask specific questions about pacemakers and implants even when it feels unrelated to your grief.

When the medical examiner or coroner must be involved

Coroner involvement is one of the biggest reasons families experience uncertainty about timing. Montana’s removal authorization statute explains that if a death requires inquiry under Montana’s coroner investigation statute, the written authorization to remove (and, when applicable, to cremate) may only be granted by the coroner (or by the state medical examiner if the coroner fails to act). See MCA 50-15-405(2). The coroner inquiry statute is MCA 46-4-122, and it covers a range of circumstances (such as deaths suspected to involve injury, violence, suspicious circumstances, and other categories described in the statute).

One detail families don’t expect is that Montana law specifically notes a practical cremation scenario: when the only reason for inquiry under 46-4-122 is that the body is to be cremated, the coroner may grant oral authorization for cremation, which must be reduced to writing within the timeframe described in the statute. That language is in 50-15-405(2). If you’re searching medical examiner cremation approval Montana or coroner cremation approval Montana, this is the statutory foundation behind what providers mean when they say “we’re waiting for the coroner’s release.”

Who can authorize cremation in Montana? Understanding the right of disposition

In Montana, “who gets to decide” is governed by the Montana Right of Disposition statutes. The most referenced rule for families is the priority order: MCA 37-19-904. This is what people usually mean when they search next of kin order Montana, right of disposition Montana, or who can authorize cremation Montana.

The priority order (plain-English summary of MCA 37-19-904)

Montana law says the right to control disposition vests in the following people, in order, when the person is an adult and of sound mind (and subject to certain exceptions). The full list and details are in 37-19-904:

1. A person named by the decedent on a Department of Defense Form 93, for certain service members (as described in the statute).
2. A person designated by the decedent in a written instrument executed as described in the statute.
3. The surviving spouse.
4. The sole surviving child, or if multiple children, the majority of surviving children (with additional notice language in the statute).
5. The surviving parent(s), with provisions for an absent parent if reasonable efforts to locate fail.
6. The surviving sibling, or if multiple siblings, the majority of surviving siblings (with similar notice language).
7. The surviving grandparent(s), or if multiple, the majority of surviving grandparents (with similar notice language).
8. The guardian at the time of death, if one had been appointed.
9. The personal representative of the estate.
10. Next degree of kinship under inheritance law, in descending order (with rules when people are in the same degree).
11. If disposition is the responsibility of the state or a local government, the public officer/administrator/employee responsible.
12. In the absence of all above, another person (including the mortician with custody) willing to assume responsibility after attesting to a good faith effort to contact those listed.

If you already know there is a pre-need plan, the most important question becomes “what did the decedent sign, and where is it?” Montana recognizes disposition directions and prepaid arrangements, including prepaid funeral arrangements and disposition directions (MCA 37-19-903). Montana also has provisions for preneed cremation authorizations (MCA 37-19-708).

If relatives disagree: what happens in a dispute

Disagreement is emotionally common and legally consequential, especially when siblings share the same priority level. Montana addresses disputes directly. If people holding the right of disposition share the same relationship to the decedent and cannot decide by majority vote, any of those people (or a mortician with custody) may petition the district court to determine the matter. The court considers factors such as practicality, relationships, willingness to pay, and the decedent’s wishes. See MCA 37-19-907.

There is also an important practical detail for families: the statute provides protection for morticians who pause action during a dispute. A mortician generally may refuse to proceed until there is a court order or a written agreement signed by the parties, and the mortician may add costs for embalming or refrigeration/sheltering (and potentially legal/court costs if the mortician petitions). That is also in 37-19-907. This is why resolving conflict quickly can be financially important, not just emotionally important.

Time-sensitive “loss of right” rules families miss

Montana also has “loss of right of disposition” provisions that can shift authority to the next person in the statutory order. One provision is time-based: a person entitled to the right of disposition can forfeit it if they do not exercise the right within two days after notification of the death or within three days of the decedent’s death (whichever is earlier). There are other loss provisions related to homicide charges, a pending marriage dissolution, or a court finding of estrangement. See MCA 37-19-906. If you’re dealing with delay, uncertainty, or a family member who is “not responding,” this rule can matter more than people realize.

Identification, custody, and safeguards you can request

Families often worry about the basics: “Is this really my person?” “Can I witness?” “How are remains tracked?” Montana law and rules provide meaningful structure, and you can also ask for additional reassurance in plain language.

First, Montana law prohibits certain practices. Human remains delivered to a crematory may not be removed from the cremation container, and the container must be cremated with the remains. See MCA 37-19-705(5). The same statute restricts unauthorized access to the retort area and prohibits unauthorized simultaneous cremation of more than one person in the same chamber unless there is express written authorization from the appropriate authorizing agents. See MCA 37-19-705(6) and (7).

Second, Montana’s administrative rules require recordkeeping that supports chain-of-custody. For example, the crematory must maintain permanent records, including an ART form, the cremation authorization form, and a log that includes the date/time the body was received, a metal tag number, refrigeration details if applicable, the date/time of cremation, and the operator/technician information. See Mont. Admin. R. 24.147.1105. In a difficult moment, you can simply ask, “Can you show me how you track identification from intake to ashes release?” A compliant provider should be able to explain the system without acting offended.

Third, witnessing is possible in Montana, but it is regulated. The rules describe who may be in the cremation chamber area, including persons having the right of disposition who request to witness a cremation. See Mont. Admin. R. 24.147.1112. Not every facility offers witnessing in the same way (or on the same schedule), but it is reasonable to ask what “witness” means at that location and what the process looks like.

A simple cremation timeline in Montana (death to ashes release)

Families searching cremation timeline Montana or how long after death can you cremate Montana usually want two things: the legal minimum and the realistic process. Here is a practical sequence that reflects Montana’s timing rules and common provider workflow:

1. Death occurs and is pronounced (at a facility or at home).
2. The body is removed from the place of death after the required authorization under MCA 50-15-405 is obtained and documented on the appropriate form (often referred to as the Dead Body Removal Authorization / ART form).
3. The funeral home or person in charge of disposition begins the death certificate process and presents it for medical certification within the timeframe required by Mont. Admin. R. 37.8.801.
4. The authorizing agent is identified under MCA 37-19-904 (or a pre-need / disposition direction document is located if one exists).
5. The cremation authorization Montana paperwork is completed on the provider’s cremation authorization form consistent with Mont. Admin. R. 24.147.1107, including hazardous implant disclosures and disposition instructions for the cremated remains.
6. If the death requires coroner inquiry under MCA 46-4-122, the coroner’s authorization is obtained as required by MCA 50-15-405.
7. The earliest lawful cremation time is after Montana’s 24-hour waiting period has passed, per MCA 37-19-705, and the crematory schedules the cremation based on operations and staffing.
8. After cremation, the cremated remains are released to the person specified by the authorizing agent, and both the crematory representative and receiver sign a receipt. See MCA 37-19-706.

That final step matters for people searching release of ashes law Montana. Montana law requires delivery to the individual specified by the authorizing agent, a signed receipt, and then allows transport of the cremated remains in Montana without a permit after delivery. See MCA 37-19-706(4) and (5).

Provider checklist: questions that prevent delays and surprise fees

Families often feel like they should not ask “too many questions.” In reality, the best providers expect questions, and good questions reduce the risk of misunderstanding. If you want a calm way to confirm funeral home cremation rules Montana compliance, these are practical:

• “Can you confirm Montana’s 24-hour waiting period and how you calculate the time-of-death clock?” (See MCA 37-19-705.)
• “What form are you using for removal/transport/disposition authorization, and who is signing it?” (See MCA 50-15-405 and Montana DPHHS ART Form.)
• “Who is the authorizing agent under Montana’s right of disposition law, and what documentation do you need if the family situation is complicated?” (See MCA 37-19-904.)
• “If siblings (or children) disagree, what do you do while the dispute is resolved?” (See MCA 37-19-907.)
• “Will the coroner need to review this case, and if so, what does that add to the timeline?” (See MCA 46-4-122 and MCA 50-15-405.)
• “How do you track identity from intake to release, and what receipt will we sign when the ashes are released?” (See Mont. Admin. R. 24.147.1105 and MCA 37-19-706.)
• “Is witnessing available here, and what does ‘witness’ mean at your facility?” (See Mont. Admin. R. 24.147.1112.)
• “Can you give us a written, itemized price list and confirm what is included versus extra?” (Consumer rights are summarized by the FTC Funeral Rule.)

After the paperwork: urns, keepsakes, and what to do with ashes

Once the legal steps are complete and the ashes are ready to be released, many families feel an unexpected second wave: “Now what?” That question is not only emotional, it’s practical. Montana’s rules focus on authorization, custody, and release, but your family’s plan is where memorialization becomes personal.

If your plan is to keep ashes at home for a while, you might start with a primary cremation urns for ashes option that feels like it belongs in your living space, then add sharing pieces later. Funeral.com’s cremation urns for ashes collection is the broad starting point, and many families narrow quickly to small cremation urns or keepsake urns when the plan includes sharing among siblings or children.

When a death involves a beloved animal companion, the emotional experience can be just as intense, and the practical questions are similar. If you’re searching pet urns, pet urns for ashes, or pet cremation urns, Funeral.com’s pet cremation urns collection includes a wide range of styles, while pet figurine cremation urns and pet keepsake cremation urns support families who want a smaller, more personal tribute.

Some families build a plan that includes both a home urn and a wearable keepsake. That is where cremation jewelry can be meaningful, especially for people who travel or who want connection that is private. If that resonates, you can browse cremation jewelry broadly or go straight to cremation necklaces, and if you want a gentle explainer before you buy, Funeral.com’s Cremation Jewelry 101 guide walks through what pieces hold and how families use them.

If your plan includes keeping ashes at home for months (or indefinitely), it’s also normal to ask what is “allowed.” Most legal issues tend to arise not from keeping ashes at home, but from family disputes about who has authority to make disposition decisions. That’s why the right-of-disposition rules above matter so much. If you want the practical side of safe home storage and respectful display, Funeral.com’s guide on keeping ashes at home can help you think through containers, placement, and sharing decisions.

Finally, if you’re considering scattering or water burial, it helps to decide whether you mean “scattering on the surface” or “placing a biodegradable urn into water.” Funeral.com’s article on water burial explains the language families use, and if you want ideas beyond scattering, the guide on what to do with ashes can help you build a plan that fits your family’s reality.

FAQs: Montana cremation rules families ask most often

Last reminder: if you are relying on this guide for a specific situation, confirm current requirements with your provider and local officials. Statutes and rules can be amended, and case-specific facts (especially coroner cases) can change what is required and how long the process takes.