What Are the Burial and Cremation Laws in Arkansas?
See who controls final arrangements, cremation and burial rules, and permit requirements in Arkansas.
Frequently Asked Questions
Arkansas allows burial on private property. Bodies must be buried in registered cemeteries (ACA § 20-17-902). Families may establish private graveyards on their own land with local health department approval and zoning compliance. New cemeteries must be registered with the county judge (or mayor if within city limits) and a copy filed with the Department of Health (ACA § 20-17-901). Family graveyard metes and bounds should also be recorded with the county clerk for tax exemption (ACA § 16-66-207, limited to 5 acres).
Arkansas has no statutory minimum waiting period before cremation. A medical examiner or coroner must authorize the cremation before it proceeds. Cremation must be authorized by Person with disposition authority per § 20-17-102(d)(1); cremation arrangements must go through a licensed funeral director — crematories cannot contract directly with the public (Ark. Admin. Code 003.22.1-6).
No. Natural organic reduction (human composting) is not currently authorized in Arkansas.
No. Alkaline hydrolysis (water cremation) is not currently authorized in Arkansas.
Arkansas sets a statutory order for who controls the disposition of remains (ACA § 20-17-102(d)(1)): Person designated on DD Form 93 (if decedent died while serving in U.S. Armed Forces, National Guard, or reserve component), then Person appointed in a declaration of final disposition executed before death per § 20-17-102(b), then Surviving spouse, 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. Arkansas does not require embalming by law. Embalming is not generally required by state law. Bodies not buried within 48 hours must be either embalmed or refrigerated (Ark. Admin. Code 007.16.5-8.1). Bodies transported by common carrier (airplane, train) must be embalmed unless placed in an airtight container (Ark. Admin. Code 007.16.5-8.0). When cremation is chosen, embalming or refrigeration is not required for 48 hours after death unless a health problem dictates otherwise.
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Arkansas Estate Planning Resources
In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.
