What Are the Burial and Cremation Laws in Hawaii?
See who controls final arrangements, cremation and burial rules, and permit requirements in Hawaii.
Frequently Asked Questions
Hawaii allows burial on private property. HRS s 441-5.5 exempts owners of residential or agricultural property who use the property for interment of family members from certain cemetery requirements under Ch. 441. Local county zoning ordinances and DOH sanitary regulations still apply. A burial/transit permit from the local DOH agent is required (HRS s 338-23).
Hawaii 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 right of disposition per HRS s 531B-4, or as directed in writing per s 531B-3 or s 531B-5. Cremation authorization form required; funeral establishment may rely on representations per s 531B-8..
No. Natural organic reduction (human composting) is not currently authorized in Hawaii.
Yes. Alkaline hydrolysis (water cremation) is legal in Hawaii.
Hawaii sets a statutory order for who controls the disposition of remains (HRS s 531B-4(a)): Person designated by decedent in a testamentary disposition or written instrument per s 531B-5, then Surviving spouse, surviving civil union partner (s 572B-1), or surviving reciprocal beneficiary (s 572C-3), then Surviving child(ren) of the decedent (majority rules if more than one), 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. Hawaii does not require embalming by law. No state law requires embalming. HAR s 11-22-4(a)(2) requires a body to be embalmed, cremated, or buried within 30 hours after death -- embalming is one option, not a mandate. Refrigeration in a state-approved facility is an alternative when the body is in coroner/ME custody. No embalming permitted if death is under coroner/ME investigation or from certain infectious diseases without permission (HAR s 11-22-4(a)(3)).
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Hawaii Estate Planning Resources
In-depth guides covering Hawaii probate laws, trust requirements, and estate planning strategies.
