What Are the Burial and Cremation Laws in Hawaii?

Hawaii has no statutory minimum waiting period before cremation. 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)).

Hawaii does not mandate a licensed funeral director for family-directed disposition. The person in charge of disposition -- which may be a family member -- files the death certificate within 3 days (HRS s 338-9), and the local Department of Health agent issues the disposition/removal/burial permit (HRS s 338-23). Hawaii does license the funeral trade: HRS Ch. 469 ("Undertakers, Embalmers, Funeral Directors") and HAR Ch. 22 license embalmers, undertakers, and mortuaries (the examination yields "a license as an embalmer"), and HAR s 11-22-4(a)(1) limits embalming itself to a licensed or apprentice embalmer. But a family is not legally required to engage a licensed professional to direct the disposition, obtain the permit, or file the certificate. Verified via HRS Ch. 338, HRS Ch. 469, and DOH HAR Ch. 22 (2026-06-04).

Hawaii provides a publicly funded option when a family cannot pay for disposition: Hawaii Department of Human Services, Med-QUEST Division -- Funeral (Death) Payments Program (HRS s 346-15; HAR Title 17 Ch. 1745). Eligible veterans may also be interred at no cost through the U.S. Department of Veterans Affairs. DHS pays disposition costs in two situations (HRS s 346-15; HAR Ch. 17-1745): (1) for a deceased medical or financial assistance recipient who was a Hawaii resident at death and is ineligible for the Social Security one-time lump-sum death benefit, a lump sum equal to that SSA benefit is paid to the applicant (HAR s 17-1745-20(a)); and (2) for an unclaimed body (which must undergo cremation per HRS s 531B-2), the actual cost or $1,600 in total, whichever is less (HRS s 346-15(b), as amended by Act 108, SLH 2024, eff. July 1, 2024 -- raised from $800). Applications must be filed within 60 days of death (county medical examiners/coroners have no deadline) (HAR s 17-1745-4). Eligibility is denied if full funeral benefits are available from other sources such as pre-paid plans or insurance (HAR s 17-1745-5(c)). Veteran benefits: the National Memorial Cemetery of the Pacific (Punchbowl, Honolulu) is an open VA national cemetery with columbarium space for cremated remains, and Hawaii operates state veterans cemeteries; the VA also provides burial/plot/headstone allowances. DHS initiates VA death-benefit claims when applicable (HAR s 17-1745-21(b)). Apply via cem.va.gov / VA National Cemetery Scheduling Office (1-800-535-1117) for interment.