Paperwork Required For Cremation

Issue 39.16

Cremation is quickly becoming our nation’s preferred method of disposition.  But before a person can be cremated, a fair amount of paperwork and legal documentation must be completed.

It is the responsibility of the funeral home to gather vital statistical information from the legal next-of-kin to begin the process of preparing the death certificate.  A hierarchy of persons legally authorized and responsible to determine the control of disposition (i.e., the legal next of kin) has been set forth according to Utah State Code.  The hierarchy is as follows:

1. A person designated in a written instrument. This written instrument must contain specific information and be witnessed by two unrelated individuals.  This does not include individuals granted power of attorney.  Power of attorney ceases upon death.
2. The surviving legally recognized spouse.
3. The sole surviving child, or the majority of multiple children.
4. The surviving parents, each of whom have equal rights.
5. The majority of surviving siblings.
6. The next degree of kinship in descending order, which includes grandchildren, great-grandchildren, nieces, nephews, etc.
7. A public official charged with arranging for disposition.
8. Any other person(s) willing to assume responsibility.

It is important to note that a person can legally authorize their own cremation prior to their death; otherwise, a funeral director is legally responsible to adhere to this hierarchy and to consult with the appropriate person(s).  The legal next-of-kin will sign a cremation authorization form authorizing cremation and setting forth the instructions regarding the disposition of the cremains.

Once the vital statistical information has been gathered, the funeral home then delivers the death certificate to the attending physician who will complete the section pertaining to the cause and manner of death.  The physician will then sign the document, followed by the funeral director.  In the state of Utah, the Office of the Medical Examiner (OME) reviews the physician’s cause of death information and issues a cremation permit.  The local vital records office will issue the official certified death certificate(s) and then the cremation process is legally authorized to take place.

We welcome your questions or concerns regarding cremation.  Please stop by our office for more information and to receive your copy of a free Cremation Planning Guide.  We are located at 1316 S. 400 E., Ste. A5, St. George, or call (435) 986-9100. www.CremationCenterSU.com

Submitted by W. Russell Atkin, Funeral Director/Owner of the Cremation Center of Southern Utah.