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

When a death happens, families in New Hampshire often find themselves doing two hard things at once: grieving and navigating paperwork. Cremation can feel like the simplest option emotionally and logistically, but it comes with a very specific legal sequence because it is irreversible. This guide is designed to explain cremation laws New Hampshire families most commonly encounter in 2026, in plain language, so you can move forward with clarity and fewer surprises.

It may help to know you are not alone in choosing cremation. The National Funeral Directors Association reports that cremation is the majority choice nationally, with a projected U.S. cremation rate of 63.4% in 2025. The Cremation Association of North America similarly reports a U.S. cremation rate of 61.8% in 2024. Those national trends do not replace state law, but they explain why more families are encountering these questions and why states have built safeguards into the process.

Does New Hampshire have a waiting period before cremation?

Yes. New Hampshire generally requires a 48-hour waiting period. Under RSA 325-A:18, a body “shall not be cremated within 48 hours” after death, with an exception when the person “died of a contagious or infectious disease.” This is the core rule behind searches like waiting period before cremation New Hampshire, cremation waiting period New Hampshire, and how long after death can you cremate New Hampshire.

In practice, the 48-hour window is not the only timing factor. New Hampshire also requires medical examiner review and specific documentation before cremation can occur. If the medical examiner needs further investigation, the timeline can extend beyond 48 hours. If an infectious or contagious disease exception applies, the rules around exemption and documentation still matter. The New Hampshire administrative regulation summarized by Cornell’s Legal Information Institute explains that an exemption from the waiting period is tied to the infectious/contagious circumstance and medical examiner consultation, while still requiring the applicable certificates. See N.H. Admin. Code § Jus 2004.01.

Permits and paperwork: what families typically sign or see

Families often search cremation requirements New Hampshire because the process includes multiple documents that work together. The simplest way to think about it is this: New Hampshire law expects a clear chain of authorization (who has the right to decide), a clear chain of custody (where the body is and who is responsible), and a clear medical clearance (medical examiner review) before cremation happens.

Death record timing

New Hampshire requires a death record to be filed electronically within 36 hours of death and prior to final disposition or entombment. This requirement appears in the vital records statute RSA 5-C:62. This timing requirement often drives early urgency, even when a family is trying to slow down and make careful decisions.

The burial permit and what people mean by “burial-transit” or “disposition” permit

Families may hear different terms: burial transit permit New Hampshire, disposition permit New Hampshire, or burial-transit permit. In New Hampshire’s vital records framework, the key idea is that a burial permit (or, in limited circumstances, an emergency burial permit) accompanies disposition and is completed and filed after disposition. The statute RSA 5-C:69 describes how burial permits and emergency burial permits are completed and filed with the clerk of the town or city within a set time after disposition.

For cremation specifically, New Hampshire law is explicit that cremation should not occur until the crematory has the required permits and certificates. Under RSA 5-C:71, the crematory operator, funeral director, next of kin, or designated agent presents a copy of the death certificate and the burial permit (or emergency burial permit) to a medical examiner to obtain the medical examiner’s certificate, and the crematory authority must receive the medical examiner’s certificate and the burial permit before cremation occurs.

The medical examiner’s certificate

New Hampshire requires medical examiner involvement for cremation. The cremation statute RSA 325-A:18 explains that a crematory authority should not cremate until it has received the burial permit required by law and a certificate from a medical examiner confirming a personal inquiry into the cause and manner of death and the opinion that no further examination or judicial inquiry is necessary. This is the practical core behind the phrases medical examiner cremation approval New Hampshire and coroner cremation approval New Hampshire (New Hampshire uses a medical examiner system, but families may use the word “coroner” in everyday conversation).

There is also a state fee component in the statute: RSA 325-A:18 states that the crematory authority forwards a copy of the cremation certificate to the office of the chief medical examiner with a $60 fee. Depending on how a provider packages charges, you may see this reflected as a line item or included in a broader set of cash-advance fees.

The cremation authorization form and transit/cremation permit

Separate from the medical examiner’s certificate and the burial permit, New Hampshire requires a cremation authorization form and related custody paperwork. Under RSA 325-A:22, a crematory authority shall not cremate until it has received a cremation authorization form, a completed and executed permit for transit or cremation (as provided by the board), and a delivery receipt form. The statute also lists what the authorization form includes, such as the authorizing agent’s relationship to the deceased, an acknowledgement of no known objection by a person with a right to control disposition, the person authorized to claim the cremated remains, and the intended disposition of the cremated remains. This is why families searching cremation authorization New Hampshire, cremation authorization form New Hampshire, and cremation permit New Hampshire often see multiple documents discussed together.

Just as importantly, RSA 325-A:22 requires the crematory authority to retain key records for at least seven years, including the cremation authorization form and the associated permits and receipt forms. Those recordkeeping requirements are part of the custody-and-identification safeguards built into funeral home cremation rules New Hampshire.

Who can authorize cremation in New Hampshire?

In New Hampshire, the right to authorize cremation is tied to the broader “custody and control” framework for a deceased person’s remains. The cremation statute makes that linkage explicit: RSA 325-A:17 provides that the right to authorize cremation and the final disposition of cremated remains “vests pursuant to RSA 290,” subject to certain exceptions and any directions given by the decedent through a testamentary disposition or a pre-need contract.

That means the first question is not “Who is closest emotionally?” but “Who has legal custody and control?” New Hampshire allows a person to designate someone in writing to have custody and control, and if there is no such designation (or the designated person refuses), custody and control belongs to the next of kin. See RSA 290:17. This is the heart of searches like who can authorize cremation New Hampshire and who can sign cremation authorization New Hampshire.

The next-of-kin priority order in New Hampshire

New Hampshire defines “next-of-kin” with an order of priority. The definition in RSA 290:16 lists the relationships in descending priority. In plain terms, the next-of-kin order is:

1. Spouse
2. Adult son or daughter
3. Parent
4. Adult brother or sister
5. Adult grandchild
6. Adult niece or nephew who is the child of a brother or sister
7. Maternal grandparent
8. Paternal grandparent
9. Adult aunt or uncle
10. Adult first cousin
11. Any other adult relative in descending order of blood relationship

This statute is the clearest reference point for next of kin order New Hampshire and right of disposition New Hampshire in day-to-day cremation decisions.

What happens if relatives disagree?

Disagreements are more common than families expect, especially when grief is fresh and communication is strained. New Hampshire addresses this directly. If the next of kin consists of two or more people with the same relationship to the deceased (for example, multiple adult children), the majority has custody and control. If they cannot decide by majority vote, the court makes the decision upon petition, as referenced in RSA 290:17. This is the legal backbone behind searches like family dispute cremation authorization New Hampshire.

New Hampshire law also anticipates practical roadblocks. If the person holding custody and control is missing and cannot be located using reasonable efforts, custody and control passes to the next in priority order. If the next of kin holding custody and control will not cooperate with the funeral director in making arrangements, custody and control can pass to the next in order of priority after a period of noncooperation described in RSA 290:17. For families trying to prevent conflict, the most protective step is written planning in advance: designate an agent and make the intended plan clear.

How an appointed agent, executor, or pre-need contract changes the picture

Families sometimes assume that an executor automatically controls disposition. In reality, New Hampshire’s custody-and-control statute focuses first on a person designated by the decedent in a written and signed document. Separately, the cremation statute recognizes that directions given by the decedent in a testamentary disposition or a pre-need contract can affect who has the right to authorize cremation and control disposition. See RSA 325-A:17. In other words, if you are reading this while planning ahead, naming an agent and documenting your wishes is not just “nice to have.” It is how New Hampshire law expects authority to be clarified when emotions are high.

When the medical examiner must be notified or approve cremation

New Hampshire’s medical examiner system is centralized, and certain deaths require investigation. The CDC’s Public Health Law Program summary explains that a medico-legal case includes, among other circumstances, a death “in which a body is to be cremated in the state of New Hampshire or buried at sea,” and it cites the relevant state statute in its compilation. See CDC: New Hampshire Coroner/Medical Examiner Laws. For families, the takeaway is practical: medical examiner review is not an unusual exception in New Hampshire cremation. It is built into the process.

The cremation statute RSA 325-A:18 and the vital records cremation statute RSA 5-C:71 both reinforce that cremation should not occur until the medical examiner’s certificate is obtained and the required permits are in hand. If a death involves unusual circumstances, unclear cause, injury, or any situation requiring deeper review, the medical examiner may need more time. That is often the real reason a family sees a longer-than-expected cremation timeline New Hampshire, even when everyone is trying to move quickly and respectfully.

Identification and custody safeguards you can request

Families are increasingly asking how to be confident that the right person is cremated and that cremated remains are released to the right family. New Hampshire’s statutes support recordkeeping and clear authorization, and you can build on that with practical questions. The cremation authorization form in RSA 325-A:22 includes the person authorized to claim cremated remains and the intended disposition, and it requires retention of key forms for at least seven years. The vital records cremation statute RSA 5-C:71 describes post-cremation handling of the medical examiner certificate and burial permit documentation. Together, these rules support the “paper trail” behind questions like release of ashes law New Hampshire and what documentation backs a release.

When you are choosing a provider, it is reasonable to ask for consumer-facing safeguards such as:

• Identification checks at transfer into care, including an ID tag and a documented chain of custody
• Written confirmation of who the authorizing agent is under right of disposition New Hampshire rules
• Clear documentation of the cremation authorization New Hampshire form and any required receipt forms
• Tracking procedures from intake through cremation through release of remains
• Witness options if the crematory offers them, and what that process includes
• A written release process for who can pick up the ashes and what identification is required

A simple step-by-step New Hampshire cremation timeline

Families often ask for one clear sequence: what happens first, what can happen in parallel, and what cannot happen until something else is done. While every situation is different, the legal-and-practical flow usually looks like this:

1. Death is pronounced and documented, which supports lawful release and next steps (see RSA 290:2-a for the pronouncement requirement before removal in certain settings).
2. A decision-maker is identified: either a designated agent named in writing or the legally prioritized next of kin (see RSA 290:17 and RSA 290:16).
3. The death record is filed electronically within the statutory timeframe and before final disposition (see RSA 5-C:62).
4. The burial permit (or emergency burial permit) is obtained for disposition and accompanies the process described in New Hampshire’s vital records rules (see RSA 5-C:69 and RSA 5-C:71).
5. The medical examiner certificate is obtained, and the crematory must receive the certificate and required permit before cremation (see RSA 5-C:71 and RSA 325-A:18).
6. The cremation authorization form is signed by the authorizing agent, along with related transit/cremation and receipt documentation (see RSA 325-A:22).
7. The 48-hour waiting period runs, unless an infectious/contagious exception applies, and cremation occurs only after the legal prerequisites are satisfied (see RSA 325-A:18 and N.H. Admin. Code § Jus 2004.01).
8. Cremated remains are released to the person authorized to claim them, consistent with the authorization form’s instructions and the provider’s documented release procedures (see the authorization-form content requirements in RSA 325-A:22).

If your family is encountering delays, it is often not “red tape for the sake of red tape.” It is usually one of three things: medical examiner timing, incomplete documentation, or a dispute over who has authority. Those are the areas where careful questions and written clarity matter most.

Questions to ask a New Hampshire funeral home or crematory to confirm compliance

When you are stressed, it can be hard to know what to ask. The goal is not to interrogate anyone. It is to confirm that the provider is following New Hampshire rules and to make sure your family understands what is included versus what may be charged separately.

• Who is the authorizing agent under right of disposition New Hampshire rules, and what documentation supports that?
• Which form are you using for cremation authorization New Hampshire, and what information will it include (including who can claim the ashes and the intended disposition)?
• What permit is being used for transit/cremation and disposition, and how will we receive copies of the key documents?
• How is the medical examiner cremation approval New Hampshire obtained in this case, and what commonly affects that timing?
• Is the 48-hour rule calculated from the time of death, and are there any infectious-disease exceptions applicable under the statute?
• What identification and tracking system do you use from intake to cremation to release?
• If multiple relatives share the same relationship (for example, multiple adult children), how do you document majority authorization and prevent later disputes?
• What fees are included in the quoted cremation package, and which third-party fees may be separate (including any medical examiner certificate-related fees noted in the statutes)?
• How long is your typical turnaround for the cremation timeline New Hampshire from authorization to ashes release, and what variables extend it?
• If we want to keep ashes at home now but plan a later ceremony, how do you document “intended disposition” on the cremation authorization form so it aligns with our plan?

After cremation: planning for ashes, urns, and keepsakes

Most legal questions eventually turn into a personal one: what do we do next. The law focuses on authorization, permits, and documentation, but families focus on meaning. National preference data explains why these questions often come up at the same time. The National Funeral Directors Association reports that among people who prefer cremation for themselves, 37.1% would prefer to have their cremated remains kept in an urn at home, 37.8% would prefer cemetery burial or interment, and 33.5% would prefer scattering. Those percentages overlap with real families, because one household may want a home memorial while another is thinking about cemetery placement.

If your family is thinking about keeping ashes at home, Funeral.com’s guide Keeping Cremation Ashes at Home explains the practical side of safe storage and respectful display. When families are deciding what to do with ashes more broadly, it can help to see options laid out in one place before anyone feels pressured to decide quickly. The Journal guide What to Do With Cremation Ashes is designed for that “we need to breathe and think” moment.

On the product side, the gentlest approach is usually to treat “next” and “forever” as separate decisions. Many families start with a reliable primary urn and then add shareable or wearable keepsakes later. If you are choosing a primary urn, the collection cremation urns for ashes makes it easy to compare materials and styles. If sharing is part of the plan, small cremation urns and keepsake urns are designed for portioning ashes respectfully rather than improvising with containers that were not meant for long-term sealing.

For families memorializing a beloved pet, the same “plan first” thinking applies. Funeral.com’s pet urns for ashes and pet figurine cremation urns collections serve different needs: one emphasizes classic containment and personalization, while the other emphasizes a sculptural tribute. If multiple households want to share a portion, pet keepsake cremation urns are made for that purpose.

If you want something wearable, cremation jewelry and cremation necklaces can be a quiet way to carry a symbolic portion while a primary urn remains at home or is placed in a cemetery. The collections cremation jewelry and cremation necklaces are supported by the Journal guide Cremation Jewelry 101, which helps families understand filling, sealing, and realistic expectations about how much can be held.

Finally, some families are combining remembrance with a specific setting, such as water burial or burial at sea. If that is part of your plan, the guide Water Burial and Burial at Sea explains what “three nautical miles” means in real-life planning, and how families choose water-soluble containers that align with the ceremony.

Cost questions belong in this conversation too, even when they feel uncomfortable. If you are trying to understand how much does cremation cost and what the “paperwork fees” often represent, Funeral.com’s guide How Much Does Cremation Cost explains common fee categories and how to request a clear, all-in total.

FAQs about New Hampshire cremation laws

Note: laws and administrative rules can change. The statutes linked above are publicly available versions of New Hampshire law. For a family facing a time-sensitive situation or a dispute, it is reasonable to confirm current requirements with the provider handling the cremation and, when needed, a New Hampshire attorney.