Funeral and Burial Laws in Ohio
Funeral and Burial Laws in Ohio
Ohio law governs who makes decisions about a deceased person's remains, what types of disposition are permitted, and what protections exist for consumers. This guide covers every major legal requirement, from the right of disposition to cremation rules to home burial, with the specific Ohio statutes you need to know.
Right of Disposition -- Who Decides
Statutory authority: Ohio Rev. Code Sections 2108.70, 2108.81
Ohio law establishes a clear priority order for who controls the disposition of a deceased person's body.
Priority order (Ohio Rev. Code Section 2108.81(B)):
- Designated representative -- assigned through a written declaration under Ohio Rev. Code Section 2108.70
- Surviving spouse
- Sole surviving child, or all surviving children collectively
- Surviving parent(s)
- Surviving sibling(s)
- Surviving grandparent(s)
- Surviving grandchild(ren)
- Lineal descendants of grandparents
- Former guardian
- Any other willing person, including the estate's personal representative or the funeral director with custody
- Public officer responsible for indigent disposition
Key point: If the deceased signed a Right of Disposition Declaration under Section 2108.70, that designated person has priority over all family members -- including the surviving spouse. The declarant may also name a successor representative.
If persons at the same priority level disagree (for example, two adult children), this can result in court intervention to resolve the dispute.
Burial Permits
Statutory authority: Ohio Rev. Code Section 3705.17
The body of a person whose death occurs in Ohio cannot be interred, placed in a vault or tomb, cremated, or otherwise disposed of until a burial permit is issued by a local registrar or sub-registrar of vital statistics. The burial permit is issued after the official death certificate has been filed.
A burial-transit permit is also required to transport remains across county lines or out of state.
Cremation Laws
24-Hour Waiting Period
Under Ohio Rev. Code Section 4717.23, a crematory cannot cremate a body until at least 24 hours have elapsed since the time of death, as indicated on a complete, nonprovisional death certificate.
Exception: If the decedent died from a "virulent communicable disease," the local health authority may require cremation earlier than 24 hours.
Authorization Requirements
Statutory authority: Ohio Rev. Code Sections 4717.22, 4717.24
- A signed cremation authorization form is required from the authorizing agent (the person with the right of disposition under Sections 2108.70 or 2108.81)
- The form must include a statement that the authorizing agent has the right to authorize cremation
- A complete, nonprovisional death certificate must be on file before cremation
- If the death is under the jurisdiction of the coroner, the coroner must also authorize the cremation
Cremation Regulations
- Only a licensed crematory facility may perform cremation (Ohio Rev. Code Chapter 4717)
- The crematory must maintain a cremation log
- Commingling of remains is prohibited unless authorized
- Cremated remains must be returned to the authorizing agent or as they direct
- A funeral director is not required -- families may deal directly with a crematory, though this is uncommon
Disposition of Cremated Remains
Ohio law does not heavily restrict the scattering or keeping of cremated remains:
- Cremated remains may be kept by the family
- Scattering on private land is generally permitted with landowner permission
- Scattering on public land may be subject to local regulations
- Burial in a cemetery is permitted
Embalming Requirements
Ohio has no general embalming requirement. There is no state law mandating embalming.
Communicable disease exception: The health department can require the body of a person who died of a communicable disease to be buried or cremated within 24 hours after death.
Practical considerations: While not legally required, refrigeration or embalming may be necessary if there is a delay between death and final disposition.
FTC Funeral Rule protection: Under federal law, funeral homes cannot claim embalming is required by law when it is not, and cannot charge for embalming without prior authorization from the family.
Burial Options
Cemetery Burial
Ohio has both public (municipal) and private cemeteries. No state law requires a casket for burial. However, individual cemeteries may have their own requirements, such as requiring a vault or outer burial container.
Home Burial / Private Land Burial
Ohio state law does not prohibit home burial on private land. State law allows family cemeteries. However, local zoning regulations may restrict or prohibit private burials. Before burying a body on private land:
- Check with the local zoning authority or city/county clerk for applicable ordinances
- A burial permit is still required regardless of burial location
- Some municipalities may require minimum setbacks from wells, property lines, and water sources
Green / Natural Burial
Green burials are permitted in Ohio:
- No casket required by state law -- burial in a biodegradable shroud, pod, or eco-friendly container is legal if the cemetery allows it
- No embalming required by state law
- No vault required by state law (individual cemeteries may require outer burial containers)
- Ohio has dedicated green burial cemeteries including Foxfield Preserve in Stark County and Heritage Acres Memorial Sanctuary
Aquamation (Alkaline Hydrolysis)
Ohio does not currently authorize alkaline hydrolysis (aquamation) as a legal form of final disposition. In 2011, the Ohio Department of Health ruled that alkaline hydrolysis was not an acceptable form of final disposition. Subsequent legislative attempts to legalize it have failed. As of April 2026, aquamation remains not legal in Ohio.
Families interested in aquamation would need to transport the body to a state where it is legal.
Body Donation
Statutory authority: Ohio Rev. Code Chapter 2108 (Uniform Anatomical Gift Act)
Any person of sound mind who is at least 18 years old may donate all or part of their body for medical purposes after death.
Ohio whole body donation programs:
| Institution | Location | Phone |
|---|---|---|
| Ohio State University College of Medicine | Columbus | (614) 292-4831 |
| Case Western Reserve University School of Medicine | Cleveland | (216) 368-3430 |
| Wright State University Boonshoft School of Medicine | Dayton | (937) 775-3066 |
| Northeast Ohio Medical University (NEOMED) | Rootstown | (330) 325-6317 |
| University of Toledo College of Medicine | Toledo | Contact via website |
| Ohio University College of Osteopathic Medicine | Athens | Contact via website |
Most programs require pre-registration. Some accept donations after cornea donation only. The University of Toledo requests a $100 fee from each donor.
Funeral Home Requirements
Is a Funeral Director Required?
Ohio does not legally require families to use a funeral director for all aspects of after-death care. Families may:
- Care for the body themselves (home funerals are legal)
- Apply directly for the death certificate and burial permit
- However, a licensed funeral director is required for embalming
Funeral Home Obligations
- A funeral home license may only be issued to a licensed funeral director (Ohio Rev. Code Section 4717.14)
- A funeral home must carry out final disposition of a body within 30 days of taking custody, unless directed otherwise by the coroner or the person with the right of disposition (Ohio Rev. Code Section 4717.14)
- It is a violation for a funeral home to refuse to promptly release a body or cremated remains upon the order of the person legally entitled (Ohio Rev. Code Section 4717.13)
Consumer Protections
FTC Funeral Rule
The Federal Trade Commission Funeral Rule (16 CFR Part 453) applies to all Ohio funeral homes:
- Must provide a written General Price List to anyone who inquires in person
- Must provide pricing over the phone
- You can buy only the items and services you want
- Cannot require a casket for cremation -- must offer an alternative container
- Cannot charge for embalming without authorization
- Cannot charge a handling fee for a casket purchased elsewhere
Ohio-Specific Protections
- Ohio Board of Embalmers and Funeral Directors oversees licensing, complaints, and enforcement (Ohio Rev. Code Chapter 4717)
- Pre-need funeral contract payments must be held in trust (Ohio Rev. Code Section 4717.36)
- Only licensed funeral directors may sell pre-need contracts that include funeral services (Ohio Rev. Code Section 4717.31)
Filing Complaints
| Issue | Where to File | Contact |
|---|---|---|
| Funeral home or funeral director | Ohio Board of Embalmers and Funeral Directors | (614) 466-4252, elicense.ohio.gov |
| Unfair business practices | Ohio Attorney General, Consumer Protection | 1-800-282-0515 |
| FTC Funeral Rule violations | Federal Trade Commission | 1-877-382-4357, reportfraud.ftc.gov |
| Cemetery complaints | Ohio Division of Real Estate | Contact via com.ohio.gov |
Organ Donation
Statutory authority: Ohio Rev. Code Chapter 2108, Section 2108.05
Ohio maintains a donor registry through the Bureau of Motor Vehicles. Individuals 15-1/2 years and older can register. Registration is legally binding and cannot be overridden by family members.
How to register:
- At the BMV when getting or renewing a license or ID
- Online through Lifeline of Ohio at lifelineofohio.org
- Paper form: Ohio Donor Registry Enrollment Form (BMV 3346)
Frequently Asked Questions
Is embalming required in Ohio? No. Ohio has no general embalming requirement. The funeral home cannot tell you embalming is required by law.
Can I be buried on my own land in Ohio? State law does not prohibit it, but local zoning regulations may restrict or prohibit private burials. Check with your local zoning authority first. A burial permit is always required.
Is aquamation legal in Ohio? No. As of April 2026, alkaline hydrolysis is not authorized as a legal form of final disposition in Ohio.
How long must we wait before cremation? At least 24 hours after death (Ohio Rev. Code Section 4717.23). A complete death certificate must be on file, and coroner authorization is needed if the death was under coroner jurisdiction.
What to Do Next
For funeral cost comparisons and financial assistance options, see the Ohio funeral cost guide. For all tasks after a death, see the complete guide to what to do when someone dies in Ohio.
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 Ohio statutes current as of April 2026. Laws change. For specific situations, consult the Ohio Board of Embalmers and Funeral Directors or an Ohio-licensed attorney.
Sources: Ohio Rev. Code Chapters 2108, 4717; Ohio Rev. Code Sections 2108.70, 2108.81, 3705.17, 4717.13, 4717.14, 4717.22-4717.30, 4717.31-4717.36; FTC Funeral Rule (16 CFR Part 453); Lifeline of Ohio