Funeral and Burial Laws in Illinois
Funeral and Burial Laws in Illinois
Illinois regulates funeral and burial practices through several statutes and agencies. A licensed funeral director must be involved in every disposition of remains. Cremation requires a 24-hour waiting period and a permit from the coroner or medical examiner. Illinois also legalizes aquamation (alkaline hydrolysis) but does not yet permit human composting. This guide covers the laws that affect families making end-of-life arrangements, with specific statute citations.
Who Has Authority Over Disposition of Remains
Illinois law establishes a priority order for who has the right to control the disposition of remains (755 ILCS 65/5). This matters when family members disagree about burial, cremation, or other arrangements.
Priority order:
| Priority | Person(s) |
|---|---|
| 1 | Designated agent (named in a written instrument signed by decedent, notarized) |
| 2 | Executor or legal representative following decedent's written instructions in the will |
| 3 | Surviving spouse |
| 4 | Sole surviving competent adult child, or majority of surviving competent adult children |
| 5 | Surviving competent parent(s) |
| 6 | Surviving competent adult sibling(s), or majority thereof |
| 7 | Next of kin under intestate succession |
| 8 | Guardian of the person at time of death |
| 9 | Any other person willing to assume responsibility, including the coroner or public administrator |
The decedent's own wishes take priority. A decedent may provide disposition instructions through a will, a prepaid funeral contract, a power of attorney for health care, a cremation authorization form, or a notarized written instrument (755 ILCS 65/40). The person otherwise entitled to control disposition must faithfully carry out the decedent's directions.
Licensed Funeral Director Requirement
Illinois is one of the more restrictive states regarding funeral arrangements. A licensed funeral director must be involved in the disposition of remains (225 ILCS 41/).
Specific requirements:
- A licensed funeral director must file the death certificate (410 ILCS 535/18)
- Only a licensed funeral director may issue a permit to move the body for final disposition
- Only licensed funeral directors or funeral directors and embalmers may have direct contact with consumers, explain services, or negotiate contracts (225 ILCS 41/1-15)
This means families cannot handle all aspects of disposition themselves without involving a funeral home, unlike some states that permit home funerals without professional involvement.
Burial Requirements
Burial permit. A Permit for Disposition of Dead Human Body is required before any interment (77 Ill. Admin. Code 500.50). The permit must be obtained from the local registrar of the district where the death occurred. The funeral director is responsible for obtaining the permit.
Depth requirements. All graves must be dug to sufficient depth so that no part of the vault is less than 2.5 feet (30 inches) below the surface elevation of the burial lot. Specific depth requirements may vary by municipality and cemetery.
Vault requirements. No state law requires a vault or outer burial container. Individual cemeteries may require vaults as a matter of cemetery policy, not state law. Ask the cemetery directly.
Home burial. There is no Illinois state law that expressly prohibits burial on private property. However, local zoning ordinances may prohibit it. Requirements typically include a licensed funeral director's involvement, a burial permit, local zoning compliance, a minimum distance of approximately 200 feet from water wells or bodies of water, and a notation on the property deed with a map of the burial location.
Cremation Laws (410 ILCS 18/)
24-hour waiting period. Human remains shall not be cremated within 24 hours after the time of death as indicated on the death certificate (410 ILCS 18/35).
Exceptions to the waiting period:
- The deceased had an infectious or dangerous disease, and the medical examiner or coroner waives the waiting period in writing
- A religious requirement mandates earlier cremation
Authorization requirements. Before cremation, the crematory authority must receive:
- A cremation permit from the coroner or medical examiner of the county where the death occurred
- A cremation authorization form executed by an authorizing agent (410 ILCS 18/15)
Casket not required. Illinois law does not require a casket for cremation. A rigid combustible container is sufficient. Under the FTC Funeral Rule, the funeral home cannot require purchase of a casket for cremation.
Removal of valuables. Removal of valuables from the remains before cremation requires specific written authorization from the authorizing agent with written instructions for delivery (410 ILCS 18/35).
Aquamation (Alkaline Hydrolysis)
Legal since 2012. Illinois redefined "cremation" in the Crematory Regulation Act to specifically include alkaline hydrolysis, also known as aquamation or water cremation.
The same regulations as traditional cremation apply:
- 24-hour waiting period
- Cremation permit from coroner/ME required
- Cremation authorization form from authorizing agent required
Availability is limited but growing, with known providers in the Chicago area.
Human Composting (Natural Organic Reduction)
Not yet legal in Illinois as of April 2026. Proposals have been considered (such as SB2383) that would create a regulatory framework for natural organic reduction facilities, but no law has been enacted. Residents interested in this option would need to work with a facility in a state where it is legal, such as Washington or Colorado.
Green Burial
Green burial is legal in Illinois. No state law requires embalming or a vault.
Key characteristics:
- No conventional embalming
- No concrete vault or liner
- Biodegradable container (simple wood casket, wicker, or shroud)
- A licensed funeral director must still be involved per Illinois law
Known green burial locations in Illinois:
| Cemetery | Location | Type |
|---|---|---|
| Casper Creek Natural Cemetery | Near Galena, Jo Daviess County | Conservation cemetery (protected by conservation easement) |
| Meadows of St. Kateri — Michael the Archangel Cemetery | Palatine, Cook County | Hybrid (green section within Catholic cemetery) |
| Sunset Memorial Garden | Danville | Hybrid (green section) |
| Roselawn Memorial Park | Springfield | Hybrid (green section) |
Contact the Green Burial Council (greenburialcouncil.org) for an updated provider map.
Embalming Rules
Illinois does not require embalming as a general matter. Key provisions:
- Embalming requires express prior authorization from the person making funeral arrangements (225 ILCS 41/15-75(b)(14))
- The funeral home cannot embalm without consent
- No mandatory requirement for communicable disease, though local health authorities may direct it
- The FTC Funeral Rule prohibits funeral homes from claiming embalming is legally required unless it actually is
Scattering Cremated Remains
On private property: Permitted with the owner's consent. No permit required.
In state parks and IDNR-managed land: A permit is required from the Illinois Department of Natural Resources (17 Ill. Admin. Code 110.105):
- Must be out of sight of public use areas (roads, trails, picnic areas, campgrounds, parking lots)
- At least 200 feet from any lake, stream, watercourse, or creek bed
- Must be spread over a large enough area to avoid identifiable accumulation
- No containers, urns, memorial markers, flowers, or planted trees permitted
In federal waters: The Clean Water Act requires scattering at least 3 nautical miles from land.
In Illinois waterways: Recent legislation allows scattering cremated remains in Illinois rivers when a tenet of the individual's faith includes disposition in a waterway, with specific handling requirements.
Transporting Remains Across State Lines
Requirements (77 Ill. Admin. Code 500.50):
- A disposition permit must be signed by the local registrar before the body is transported out of state
- The body must be prepared in accordance with the laws of both the transit states and the destination state
- If the death was subject to investigation, the permit must be signed before disposition
- Cremated remains are generally easier to transport with no special permit required for crossing state lines
Organ/tissue donation exception: No permit from the local registrar is required to transport a body out of state at the direction of a federally designated organ procurement organization.
Body Donation (755 ILCS 50/)
Illinois adopted a version of the Uniform Anatomical Gift Act, codified at 755 ILCS 50/. Adults age 18 and older may make an anatomical gift for transplantation, therapy, research, or education.
Who may make a gift: The donor themselves (adults), emancipated minors, minors aged 16-17 (if registered in the First Person Consent donor registry), agents under power of attorney, and parents of unemancipated minors.
Opposition: If the institution has actual notice of opposition by the decedent or any person in the highest priority class, no gift shall be accepted.
Major programs in Illinois:
- Anatomical Gift Association of Illinois (UIC): (312) 733-5283
- Southern Illinois University School of Medicine: (217) 545-2141
- Midwestern University (Downers Grove): (630) 515-6169
Cemetery Consumer Protections
The Cemetery Oversight Act (225 ILCS 411/) provides a Consumer Bill of Rights:
- Right to itemized contracts signed by both parties
- Protection against cash-only payment restrictions
- Right to purchase merchandise from third-party vendors without penalties
- Access to current price lists
- Right to cemetery access during specified times
- Right to reasonable maintenance of the property
- Cemeteries must display bilingual signage with the IDFPR consumer hotline and complaint information
Consumer hotline: 1-888-RLOVED1 (1-888-756-8331)
Regulatory Agencies
| Agency | Role | Phone |
|---|---|---|
| IDFPR | Licenses funeral directors, embalmers, cemeteries | 1-888-756-8331 |
| Office of the Comptroller (PLACE) | Regulates pre-need funeral and cemetery contracts | 1-877-203-3401 |
| IDPH | Vital records, cremation oversight, POLST | (217) 782-6554 |
Frequently Asked Questions
Does Illinois require embalming?
No. Embalming requires express prior authorization from the person making arrangements. The funeral home cannot embalm without consent (225 ILCS 41/15-75(b)(14)).
Is aquamation legal in Illinois?
Yes, since 2012. Alkaline hydrolysis is included within the legal definition of cremation. The same regulations apply: 24-hour waiting period and cremation permit required.
Can I scatter ashes anywhere in Illinois?
You can scatter on private property with the owner's consent without a permit. On state parks and IDNR land, you need a permit and must follow specific rules about distance from water and public areas. Federal waters require scattering at least 3 nautical miles from land.
Does Illinois allow home burial?
No state law prohibits it, but local zoning ordinances may. A licensed funeral director must still be involved. Check local zoning requirements before planning a home burial.
Is a casket required for cremation in Illinois?
No. A rigid combustible container is sufficient. Under the FTC Funeral Rule, the funeral home cannot require a casket for cremation.
What to Do Next
For funeral costs and how to save, see the Illinois funeral cost guide. For the full sequence of tasks after a death, see the complete guide to what to do when someone dies in Illinois.
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
This guide was researched using Illinois statutes current as of April 2026. Laws change. For complex situations involving disposition disputes or multi-state transport, consult an Illinois-licensed attorney.
Sources: 755 ILCS 65/ (Disposition of Remains Act); 410 ILCS 18/ (Crematory Regulation Act); 225 ILCS 41/ (Funeral Directors and Embalmers Licensing Code); 225 ILCS 411/ (Cemetery Oversight Act); 755 ILCS 50/ (Illinois Anatomical Gift Act); 17 Ill. Admin. Code 110.105 (IDNR Scattering Rules)