What Are the Burial and Cremation Laws in Illinois?

Illinois imposes a 24-hour minimum waiting period410 ILCS 18/35Verified Oct 17, 2026View source before cremation. A medical examiner or coroner authorizes the cremation before it proceeds. A cremation authorization form signed by the authorizing agent, who holds the same priority as the person with the right to control disposition, and a cremation permit from the coroner or medical examiner of the county where the death occurred (410 ILCS 18/15, 18/35(a)).

Illinois sets an order for who controls the disposition of remains: executor or legal representative acting, then surviving spouse at time of death, then sole surviving competent adult child, or majority of surviving competent adult children755 ILCS 65/5Verified Oct 17, 2026View source. The state allows you to name your own agent in advance755 ILCS 65/10Verified 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 law410 ILCS 5/2Verified Oct 17, 2026View source in Illinois. No Illinois statute or rule requires embalming, and a crematory may not refuse remains because they are not embalmed (410 ILCS 18/35(d)). A crematory that cannot cremate unembalmed remains within 24 hours may take them only if it keeps a refrigeration unit or cooling room below 40 degrees Fahrenheit (410 ILCS 18/35(p)).

In Illinois, a licensed funeral director is required for the disposition225 ILCS 41/5-5Verified Oct 17, 2026View source. Funeral directing without an Illinois license is a Class A misdemeanor, and the funeral director who first takes custody of the body is responsible for filing the death certificate (225 ILCS 41/5-5, 41/15-75; 410 ILCS 535/18(1)(c)). The 24-hour report and the permit for disposition are filed by "the funeral director or person acting as such" (410 ILCS 535/21).