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

When a death happens, families in Ohio often feel two different clocks ticking at once. One is emotional: you want time to breathe, to gather people, to make choices that feel right. The other is procedural: forms, permits, and legal authority have to line up before a cremation can take place. If you’ve been searching for cremation laws Ohio or cremation requirements Ohio, this guide is meant to translate the rules you’re most likely to run into in 2026 into plain, practical steps—while also noting where county practices and case-specific circumstances (especially coroner involvement) can change timing.

Ohio’s legal framework is a blend of vital records rules (death certificates and permits), cremation-specific requirements for crematories, and a separate “right of disposition” system that controls who can authorize cremation Ohio when a family needs a clear decision-maker. You’ll see these pieces connect throughout the timeline and checklist below.

Why cremation is becoming more common—and why the rules still matter

Even though this article is Ohio-specific, it helps to understand the bigger picture. Cremation is now the majority choice in the U.S., and the trend continues upward. The National Funeral Directors Association reports a projected U.S. cremation rate of 63.4% for 2025, with longer-term projections climbing further. The Cremation Association of North America reports a 2024 U.S. cremation rate of 61.8% and publishes annual statistics and projections. Those numbers matter in a practical way: more cremations means more families navigating the same paperwork bottlenecks, and it makes it even more important to know what is required, what is optional, and what can legitimately slow things down.

Waiting period before cremation in Ohio

Ohio does have a mandatory waiting period before a cremation can occur. Under Ohio Revised Code § 4717.23, a crematory generally cannot cremate a decedent until at least 24 hours have elapsed since death, as indicated on a complete, nonprovisional death certificate. This is the core answer most families are looking for when they search waiting period before cremation Ohio or how long after death can you cremate Ohio.

There is also a narrow exception embedded in the same statute: if the decedent died from a “virulent communicable disease,” the health authority with jurisdiction may require cremation to occur earlier than 24 hours by rule or order. That is not a common circumstance for most families, but it’s a reminder that public health orders can override the normal pacing. In real life, the more frequent cause of delay is not the 24-hour waiting period itself—it’s the time it takes to complete the death certificate, obtain the permit authorizing cremation, and resolve any dispute about who is legally allowed to sign.

Permits and paperwork Ohio families typically need

Families usually experience paperwork as a stack of forms. The law experiences it as a sequence: the death certificate must be registered, a permit authorizing disposition must be issued, and the crematory must have specific documents in hand before it can proceed.

Death certificate filing in Ohio

Ohio requires that deaths be registered with the local registrar by the funeral director or the person in charge of final disposition. That baseline requirement appears in Ohio Revised Code § 3705.16. The same section also explains a key timing pressure point: the medical portion of the death certificate is expected to be completed and signed within 48 hours after notification of the death (with special handling when a coroner or medical examiner is involved). This is one reason families sometimes hear “we’re waiting on the doctor” or “we’re waiting on the coroner,” even when everything else is ready.

Ohio’s administrative rules reinforce the practical requirement that disposition can’t happen until the permit exists. Under Ohio Administrative Code Rule 3701-5-08, a funeral director must obtain a disposition permit before (or at the time of) filing the death certificate, and a disposition cannot occur before the permit is obtained. The rule also states that a satisfactory and complete death certificate must be filed within five working days after the date of death.

Disposition permit, burial permit, and burial-transit permit

In everyday language, Ohio families may hear “disposition permit,” “burial permit,” or “burial-transit permit.” Ohio law uses “burial permit” and “burial-transit permit” in the vital records statute Ohio Revised Code § 3705.17, and the cremation chapter defines “burial or burial-transit permit” as a permit issued under that section (or a substantially similar permit from another state). See Ohio Revised Code § 4717.20 for that definition.

What matters for a family deciding on cremation is this: Ohio law does not allow a funeral director to cremate (or otherwise dispose of) a body until the burial permit has been issued by the local registrar or sub-registrar. That’s in § 3705.17. And there is an especially important cremation-specific restriction in the same statute: a burial permit authorizing cremation cannot be issued on a provisional death certificate. In other words, if the death certificate is still provisional because the cause of death certification cannot be completed yet, cremation has a hard stop until the death certificate becomes complete and nonprovisional.

Cremation authorization form

Separate from the permit is the cremation authorization Ohio form itself. Ohio requires a cremation authorization form with specific minimum contents and signatures. The statute is Ohio Revised Code § 4717.24. Among other things, it requires identification of the decedent, the name of the authorizing agent and relationship, disclosures about devices like pacemakers, whether anyone is designated to be present, and signatures (including at least one witness signature).

Ohio also builds consumer protection into the identification process. Under § 4717.24, the funeral home arranging the cremation must require the authorizing agent (or appointed representative) to visually identify the remains, or to identify a photograph or other visual image of the remains. If identification is by photograph or visual image, the authorizing agent must sign that image. If visual identification is not feasible, the statute allows other positive identification methods, including reliance on identification through the coroner’s office or identification of scars, tattoos, or other distinctive features.

Who can authorize cremation in Ohio

This is where many families get stuck, especially if relatives are grieving differently or if multiple people assume they can make the call. In Ohio, the concept you’re looking for is the right of disposition Ohio. The person (or group) holding that right is generally the person who can serve as the authorizing agent for cremation.

The fastest way to avoid confusion: a written declaration

Ohio allows an adult to sign a written declaration assigning the right of disposition to a representative—essentially naming the person who will control decisions about burial, cremation, funeral arrangements, and related purchases. That authority is described in Ohio Revised Code § 2108.70, which explicitly includes rights related to burial, cremation, or other manner of final disposition. The statute also states that a valid assignment in a written declaration supersedes the default statutory order. This is the cleanest answer to “my loved one would have wanted me to handle this” when the family structure is complicated.

If a written declaration exists and is still in force, a funeral home will typically ask for a copy early, because it can prevent disputes and speed decisions—especially when multiple adult children, siblings, or blended-family relationships are involved.

If there is no declaration, Ohio uses a priority order

When there is no valid written declaration (or when everyone named in one is disqualified), Ohio assigns the right of disposition in a statutory order under Ohio Revised Code § 2108.81. People searching next of kin order Ohio are usually trying to find this list.

1. Surviving spouse
2. Adult children (if more than one, they hold the right collectively)
3. Parents (subject to the statute’s terms)
4. Siblings (if more than one, they hold the right collectively)
5. Grandparents and then other classes listed in the statute
6. Other willing person (including, in limited circumstances, the personal representative of the estate or the licensed funeral director with custody, after a documented good-faith effort to locate higher-priority people)

In the cremation context, Ohio ties the “authorizing agent” back to this right of disposition. Ohio Revised Code § 4717.22 provides that the person who has the right of disposition under § 2108.70 or § 2108.81 may serve as the authorizing agent for cremation. That’s why funeral homes often ask not only “who is signing,” but also “who else is in the same priority class,” especially when there are multiple adult children or multiple siblings.

What if relatives disagree?

Ohio anticipates that disagreement will happen, and it provides a pathway. If a group or class (for example, multiple children) disagrees about how to exercise the right of disposition, Ohio’s majority-rule approach usually applies. Under Ohio Revised Code § 2108.79, the decision of the majority of the group or class prevails, and if fewer than all can be located after reasonable efforts, the majority of those located can prevail. If a majority cannot reach a decision, the probate court may make the decision using statutory criteria.

That probate-court backstop is addressed directly in Ohio Revised Code § 2108.82, which describes the court’s ability to assign the right of disposition and the factors the court must consider (including the decedent’s express written desires, practicality of plans, and the needs of family and friends). Notably, § 2108.82 also states that the personal representative (executor) does not automatically have a greater claim to the right of disposition than they otherwise have under law—an important point for families who assume “the executor decides everything.”

For providers, disputes change what they can safely do. In a dispute, Ohio Revised Code § 2108.83 allows funeral homes and crematories to refuse to proceed until they receive either a court order or a clear written document executed by someone the provider reasonably believes has the right of disposition. And while a dispute is pending, Ohio Revised Code § 2108.84 allows the provider to embalm or refrigerate and shelter the remains to preserve them and to add those costs to the final disposition charges.

Ohio also sets expectations about timely decision-making. Under Ohio Revised Code § 2108.75, a person can be disqualified from exercising the right of disposition if they fail to exercise it within 48 hours after notification of the death (or within 72 hours in certain circumstances where there was no notification), among other disqualifying events.

When the coroner or medical examiner must be involved

In Ohio, some deaths must be reported to the coroner immediately—such as deaths by violence, casualty, suicide, suspicious or unusual manner, sudden deaths in apparent good health, and certain other circumstances. The reporting duty and examples are contained in the coroner chapter of the Ohio Revised Code. See Ohio Revised Code Chapter 313 for the full context.

This matters for cremation in two major ways. First, Ohio Revised Code § 3705.16 states that if the death occurs under circumstances described in the coroner-notification statute, the death certificate must be presented to the coroner or medical examiner for cause-of-death certification. Second, Chapter 313 explicitly addresses cremation timing in coroner cases: when a death falls under the coroner-notification circumstances and a request for cremation is made, the funeral director must notify the coroner immediately.

Practically, families often feel this as a pause: the coroner may need to investigate, order an autopsy, or confirm cause of death before a nonprovisional death certificate can be completed. Because Ohio’s cremation waiting period rule in ORC 4717.23 is tied to a complete, nonprovisional death certificate, and because ORC 3705.17 bars a cremation-authorizing permit on a provisional death certificate, coroner involvement can legitimately extend the timeline beyond what families expect.

Identification and custody safeguards families can request

Many families don’t ask about safeguards because it feels uncomfortable. But it is both reasonable and common to ask how identification and chain-of-custody are handled, especially if you are thinking about keeping ashes at home, sharing with keepsake urns, or using cremation jewelry. Ohio law includes multiple protections you can point to directly.

Identification before cremation. The cremation authorization form statute requires that the funeral home arranging the cremation obtain visual identification by the authorizing agent (or the agent’s representative), or use other positive identification methods when visual identification is not feasible.

Tracking and tagging. Ohio also requires funeral directors to use identifying tags, including specific requirements for cremated remains: if the body is cremated, a tag bearing identifying information must be placed in any vessel containing all cremated remains (or more than ten cubic inches). That appears in Ohio Revised Code § 4717.13. This is one of the most direct answers to families worried about mix-ups.

Custody and storage at the crematory. Ohio regulates what happens once the crematory takes responsibility. Under Ohio Revised Code § 4717.26, crematories must place unembalmed bodies into a holding or refrigerated facility, must maintain a system for accurately identifying each body throughout all phases of holding and cremation, and generally may not remove a body from the container in which it was delivered unless the authorization form specifically provides otherwise. The same statute also limits who may be present in the holding facility or cremation room and addresses shipment of cremated remains by requiring a traceable system and a signed receipt for delivery.

Receipts at delivery and release. Ohio requires written receipts when a body is delivered to a crematory and when cremated remains are released, including specific information that must be recorded. See Ohio Revised Code § 4717.28. For families searching release of ashes law Ohio or receiving ashes procedures, this statute is a helpful anchor because it describes documentation at the handoff points that matter most.

If you want to think about these safeguards through a family lens—what it means to store ashes, display an urn at home, or decide what to do next—Funeral.com’s practical guides can help connect the legal steps to real life, including keeping ashes at home, water burial, and how much does cremation cost.

A simple cremation timeline in Ohio

The steps below are not meant to make grief feel procedural. They are meant to reduce the fear that something is being delayed “for no reason.” In Ohio, the most common friction points are: medical certification (doctor or coroner), permit issuance, and authority to sign.

1. Death occurs; funeral home is contacted and takes the person into care, following refrigeration/handling rules where applicable.
2. Cause-of-death certification is completed by the appropriate certifier (physician or, in coroner cases, the coroner/medical examiner).
3. The death certificate is registered with the local registrar; a disposition/burial permit is obtained, and disposition cannot occur before the permit exists.
4. The family confirms who can sign cremation authorization Ohio by identifying the person with the right of disposition (written declaration or statutory order).
5. The cremation authorization form is completed, including identification steps and required signatures/witnessing.
6. The crematory confirms it has the required documents and that the 24-hour waiting period has elapsed since death on a complete, nonprovisional death certificate.
7. Cremation occurs; cremated remains are processed and placed into the selected urn or a temporary container, depending on what was authorized.
8. Cremated remains are released with a written receipt, or shipped using a traceable system with signed delivery as required.

Once you receive the cremated remains, families often shift from “what is required” to “what feels right.” Some choose a primary urn and one or more smaller vessels for sharing, including cremation urns for ashes, small cremation urns, and keepsake urns. For pet loss, families often look at pet cremation urns, pet figurine cremation urns, or pet keepsake cremation urns, and Funeral.com’s guide to pet urns for ashes can help with sizing and personalization decisions.

Provider checklist: questions that confirm compliance and prevent surprise fees

If you want a calm way to confirm you’re being asked for the right things—and not being rushed into signing something unclear—these are reasonable questions to ask. The goal is not to interrogate a provider. It’s to make sure the legal sequence is being followed and that cost estimates reflect your actual choices.

• Have you obtained (or requested) the burial permit / burial-transit permit that authorizes cremation, and is the death certificate complete and nonprovisional? 
• Has the 24-hour cremation waiting period Ohio requirement been met, and are there any public health exceptions in this case?
• Who are you treating as the authorizing agent, and what documents support that person’s authority (declaration vs. statutory order)?
• If there are multiple adult children or siblings, how are you handling collective authority and majority decisions, and what happens if someone objects? 
• Will you require visual identification (or photo identification) as part of the cremation authorization process, and how will that be documented?
• Is the case under coroner jurisdiction, and if so, what approvals or releases are pending before cremation can proceed?.
• What is your chain-of-custody process from transfer into care to delivery to the crematory to release of ashes, and do you provide receipts at delivery and release?
• Will the cremated remains be shipped? If yes, what tracking and signed-delivery system do you use? 
• Can you provide an itemized total that clearly separates required charges (permits, cremation fee) from optional choices (viewing, ceremony, upgraded urn, cremation jewelry)?

When families ask about the “what’s next” side of funeral planning, it often helps to remember you do not have to decide everything at once. It is generally acceptable to receive the cremated remains in a temporary container and then take your time choosing a permanent memorial—whether that’s a primary urn, smaller sharing vessels, or wearable keepsakes like cremation necklaces and cremation jewelry. If you are considering jewelry, Funeral.com’s gentle overview of cremation jewelry 101 can help you understand how little it holds and how families combine jewelry with an urn plan.

FAQs about cremation laws in Ohio (2026)

1. What is the waiting period before cremation in Ohio?

   Ohio generally requires that at least 24 hours have elapsed since death before cremation can occur, and the timing is tied to a complete, nonprovisional death certificate. See Ohio’s crematory requirements in ORC 4717.23. Public health authorities may require earlier cremation in narrow communicable-disease circumstances described in that statute.

2. What permits are required for cremation in Ohio?

   A burial permit (often called a disposition permit in practice) is required before cremation can occur. Ohio law requires a burial permit issued by a local registrar before a body may be cremated, and it also requires the cemetery/crematory to keep records of the permit. See ORC 3705.17. Ohio’s administrative rules also state that disposition cannot occur prior to obtaining the permit. See OAC 3701-5-08.

3. Can a burial permit authorizing cremation be issued on a provisional death certificate?

   No. Ohio law states that a burial permit authorizing cremation shall not be issued upon the filing of a provisional death certificate.

4. Who can sign the cremation authorization form in Ohio?

   The authorizing agent for cremation is generally the person who holds the right of disposition under Ohio law. Ohio connects cremation authorization to the right of disposition statutes in ORC 4717.22. If there is no written declaration naming a representative, Ohio uses the default priority order in ORC 2108.81 (for example, surviving spouse first, then children collectively).

5. What happens if adult children or siblings disagree about cremation?

   Ohio allows majority decisions within a class (for example, among multiple adult children) in many situations, and if a majority cannot reach a decision, the probate court may decide. See ORC 2108.79 and the probate-court criteria in ORC 2108.82. Providers may refuse to proceed during a dispute until they receive a court order or clear written direction from someone they reasonably believe holds the right of disposition. See ORC 2108.83.

6. When does the coroner have to be notified for cremation in Ohio?

   Certain deaths must be reported to the coroner immediately (such as violent, suspicious, or sudden deaths). In those circumstances, if a cremation is requested, Ohio law requires the funeral director to notify the coroner. See the relevant provisions in ORC Chapter 313, and note that coroner involvement can affect when a nonprovisional death certificate and cremation-authorizing permit can be issued.

7. How are cremated remains released in Ohio?

   Ohio requires written receipts at key handoff points, including at the time cremated remains are released, with specific information recorded about the release. See ORC 4717.28. Ohio law also regulates shipment of cremated remains by requiring traceability and signed receipt for delivery in the circumstances described in ORC 4717.26.

Final note: laws and administrative rules can change, and county practices can differ—especially in coroner cases. If you are in an active situation, ask your funeral home to cite the specific Ohio code section they are relying on for timing or authorization, and consider consulting an attorney if a dispute is escalating.