What Are the Burial and Cremation Laws in Georgia?

Georgia has no statutory minimum waiting period before cremation. Person with right of disposition per O.C.G.A. 31-21-7(b); a disposition permit must be obtained from the local registrar before cremation (O.C.G.A. 31-10-20).

Yes. Natural organic reduction (human composting) is legal in Georgia.

Yes. Alkaline hydrolysis (water cremation) is legal in Georgia.

Georgia sets a statutory order for who controls the disposition of remains (O.C.G.A. 31-21-7(b)): Health care agent as defined in O.C.G.A. 31-32-2, then Person designated on DD Form 93 (if decedent died while serving in the U.S. Armed Forces), then Person designated by decedent in a notarized affidavit, 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. Georgia does not require embalming by law. No Georgia law or regulation requires embalming. Funeral homes may not claim it is legally required. Embalming charges require family authorization. Refrigeration is an alternative for preservation.

Georgia does not require a family to retain a licensed funeral director to carry out a disposition. The licensing requirement in O.C.G.A. 43-18-71 applies to the operation of a funeral establishment or crematory as a business, which must employ a licensed funeral director in full and continuous charge; it does not mandate a director for an individual family. The vital-records statutes contemplate a family acting on its own behalf: the death certificate is filed by "the funeral director or person acting as such" within 72 hours (O.C.G.A. 31-10-15(b)), and the disposition permit (required before cremation or removal from the state) is obtained from the local registrar by "the funeral director or person acting as such or other person who first assumes custody" of the body (O.C.G.A. 31-10-20(a)). A family conducting a home funeral therefore handles the death-certificate filing and disposition permit itself, though O.C.G.A. 31-10-20(b) describes the registrar issuing the permit "upon request from the licensed funeral director or his agent," and some local registrars read that as requiring a licensee — confirm the practice with the local registrar of the county of death before relying on it. Cremation must still be performed by a licensed crematory (O.C.G.A. 31-21-5), so a fully family-directed cremation is not possible end to end even though no funeral director is required.

Georgia provides a publicly funded option when a family cannot pay for disposition: County governing authority pauper/indigent burial duty (O.C.G.A. 36-12-5); administered by the county where the death occurs. Eligible veterans may also be interred at no cost through the U.S. Department of Veterans Affairs. County indigent burial: under O.C.G.A. 36-12-5, when a decedent and their family and immediate kindred are indigent and unable to provide for a decent interment or cremation, the governing authority of the county where the death occurs must make available from county funds a sum sufficient for a decent interment or cremation, limited to the lesser of the actual costs. Counties administer this directly; eligibility and process vary by county. O.C.G.A. 36-12-3 lets the county recover from relatives who have the ability to pay. Veteran benefits: federal VA burial benefits are available to eligible veterans nationwide (cem.va.gov). Georgia also operates two state veterans memorial cemeteries — Milledgeville (2617 Vinson Highway) and Glennville (8819 U.S. Highway 301) — where "[p]lots, vaults, niches, and markers are provided at no charge" and use of the committal chapel for interment services is free, for an eligible veteran, spouse, or unmarried dependent; eligibility requires a DD Form 214 or other proof of service. Families remain responsible for casket, body preparation, funeral-home services, and transportation.