What Are the Burial and Cremation Laws in Georgia?

Georgia imposes no statutory minimum waiting periodO.C.G.A. 31-21-5Verified Oct 17, 2026View source before cremation. The person who holds the right of disposition authorizes the cremation and gives the funeral home handling the arrangements a signed statement of the intended final disposition of the remains (O.C.G.A. 31-21-7, 43-18-80). A disposition permit from the local registrar is required before the cremation (O.C.G.A. 31-10-20).

Georgia sets an order for who controls the disposition of remains: surviving spouse, then sole surviving adult child or the majority of surviving adult children, then surviving parent or parentsO.C.G.A. 31-21-7(b)Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceO.C.G.A. 31-21-7(a), (b)(2)Verified Oct 17, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.

Embalming is not required by lawO.C.G.A. 36-72A-2Verified Oct 17, 2026View source in Georgia. No Georgia statute or rule requires embalming; O.C.G.A. 31-21-1 only defines the procedure. A funeral home holding a body while a disposition dispute is pending may embalm or refrigerate it to preserve it (O.C.G.A. 31-21-7(d)(3)).

In Georgia, a licensed funeral director is not required — a family may legally direct the disposition itselfO.C.G.A. 43-18-71Verified Oct 17, 2026View source. Georgia does not require a licensed funeral director for a family-directed burial: the death certificate and the disposition permit may be handled by the person acting as funeral director who takes custody of the body (O.C.G.A. 31-10-15(b), 31-10-20(a)), though the statute describes the registrar issuing the permit on request of the licensed funeral director or his agent (O.C.G.A. 31-10-20(b)).