What Are the Burial and Cremation Laws in Alaska?
See who controls final arrangements, cremation and burial rules, and permit requirements in Alaska.
Frequently Asked Questions
Alaska allows burial on private property. Alaska state law does not prohibit burial on private property. Alaska DEC guidelines require grave sites to be at least 200 feet from any stream, lake, or potable water supply, at a depth of 3.5-4 feet, and not on slopes or erosion-prone areas. No casket or vault is legally required. Grave sites should be recorded on the property deed. Local ordinances may be more restrictive — e.g., Anchorage prohibits private property burials entirely. A burial-transit permit is still required (AS 18.50.250).
Alaska has no statutory minimum waiting period before cremation. Cremation must be authorized by Person with disposition authority per AS 13.75.020 must authorize cremation. If decedent left a disposition document prohibiting cremation, cremation may not be performed (AS 13.75.070). A burial-transit permit from the Bureau of Vital Statistics is required before cremation (AS 18.50.250)..
No. Natural organic reduction (human composting) is not currently authorized in Alaska.
No. Alkaline hydrolysis (water cremation) is not currently authorized in Alaska.
Alaska sets a statutory order for who controls the disposition of remains (AS 13.75.020): Person designated in a disposition document as the disposition agent (AS 13.75.020(a)(1)), then Personal representative acting per decedent's written will instructions (AS 13.75.020(a)(2)), then Surviving spouse at time of death (AS 13.75.020(a)(3)), and so on. You can also name your own agent to control your remains in a signed, written document before death. You can record those wishes alongside the rest of your estate plan when you create a revocable living trust.
No. Alaska does not require embalming by law. No Alaska statute requires embalming. The commissioner of health may not require that a dead body be embalmed unless the body is known to carry a communicable disease or embalming is otherwise required for protection of the public health or for compliance with federal law (AS 18.05.040(a)(4)). If remains cannot reach their destination within 24 hours after death, the department may embalm them, but only upon receiving permission from the deceased's family, next of kin, or a person legally responsible for the burial (7 AAC 35.100). Funeral homes may not claim embalming is legally required (FTC Funeral Rule, 16 CFR 453.3(a)). Refrigeration is an accepted alternative.
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Alaska Estate Planning Resources
In-depth guides covering Alaska probate laws, trust requirements, and estate planning strategies.
