What Are the Burial and Cremation Laws in Oregon?
See who controls final arrangements, cremation and burial rules, and permit requirements in Oregon.
Frequently Asked Questions
Oregon allows burial on private property. ORS 97.040 exempts private family burial grounds (where lots are not offered for sale) from most cemetery regulations except ORS 97.730 (removal of bodies). Must comply with local zoning ordinances. A disposition permit is still required per ORS 432.158.
Oregon has no statutory minimum waiting period before cremation. Cremation must be authorized by Person with disposition authority per ORS 97.130, via signed cremation authorization specifying action to be taken with cremated remains (OAR 830-040-0000).
Yes. Natural organic reduction (human composting) is legal in Oregon.
Yes. Alkaline hydrolysis (water cremation) is legal in Oregon.
Oregon sets a statutory order for who controls the disposition of remains (ORS 97.130): Person designated in a written instrument or prearrangement per ORS 97.130(1), then Surviving spouse, then Surviving adult children (18+), 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. Oregon does not require embalming by law. No state law requires embalming. OAR 830-030-0010 requires that remains not being embalmed must be wrapped in a sheet. If remains are held longer than 24 hours without embalming, they must be refrigerated at 36 degrees F or less until final disposition. Funeral establishments must have embalming facilities or holding room facilities and access to hospital or mortuary refrigeration.
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Oregon Estate Planning Resources
In-depth guides covering Oregon probate laws, trust requirements, and estate planning strategies.
