What Are the Burial and Cremation Laws in Oklahoma?
See who controls final arrangements, cremation and burial rules, and permit requirements in Oklahoma.
Frequently Asked Questions
Oklahoma allows burial on private property. No specific state statute prohibits home burial on private property. Under 59 O.S. § 396.19, the Funeral Services Licensing Act does not apply to a person furnishing a burial receptacle for and burying the dead who were related to that person by blood or marriage (but not embalming or directing funerals); 59 O.S. § 396.12b(C) likewise exempts persons related to the deceased by blood or marriage from the conduct-of-funeral and licensed-director supervision requirements. However, local ordinances, zoning laws, and deed restrictions generally prohibit burials outside a cemetery within city limits. Rural properties have fewer restrictions. A death certificate must still be completed and filed with the State Health Department.
Oklahoma 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 Written cremation authorization from next of kin or person with disposition authority per § 1158, plus a disposal permit from the Office of the Chief Medical Examiner (Okla. Stat. tit. 63, § 1-329.1).
No. Natural organic reduction (human composting) is not currently authorized in Oklahoma.
Yes. Alkaline hydrolysis (water cremation) is legal in Oklahoma.
Oklahoma sets a statutory order for who controls the disposition of remains (Okla. Stat. tit. 21, § 1158): Decedent, via pre-need funeral services contract or executed written document meeting state requirements, then Representative appointed by decedent via executed and witnessed written document, then Surviving spouse, 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. Oklahoma does not require embalming by law. Embalming is not required by state law. However, unembalmed dead bodies must be buried or otherwise disposed of within 24 hours after death unless refrigeration facilities are available (OAC 235:10-11-1). Only licensed embalmers may perform embalming. Many funeral homes require embalming for viewing services, and airlines typically require it for transport.
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Oklahoma Estate Planning Resources
In-depth guides covering Oklahoma probate laws, trust requirements, and estate planning strategies.
