What Are the Burial and Cremation Laws in Pennsylvania?
See who controls final arrangements, cremation and burial rules, and permit requirements in Pennsylvania.
Frequently Asked Questions
Pennsylvania allows burial on private property. No state statute prohibits home burial on private property. Must comply with local zoning ordinances. A disposal permit from the local registrar or State Registrar of Vital Statistics is required before disposition (35 P.S. § 450.504). Recording a map of the burial location with the property deed is a common practice for future title clarity.
Pennsylvania has a 24-hour minimum waiting period before cremation. A medical examiner or coroner must authorize the cremation before it proceeds. Cremation must be authorized by Authorization from the person with disposition authority (per 20 Pa.C.S. § 305) and a disposal permit issued by the local registrar or State Registrar of Vital Statistics (35 P.S. § 450.504). Where death falls under coroner jurisdiction, the coroner supplies the medical certification before the death certificate is filed and the disposal permit issues (35 P.S. § 450.503). The 24-hour minimum before cremation may be waived in writing by the coroner/medical examiner only for infectious, contagious, or communicable and dangerous disease deaths (Crematory Regulation Act, Act 26 of 2024)..
No. Natural organic reduction (human composting) is not currently authorized in Pennsylvania.
No. Alkaline hydrolysis (water cremation) is not currently authorized in Pennsylvania.
Pennsylvania sets a statutory order for who controls the disposition of remains (20 Pa.C.S. § 305): Person designated by decedent in a valid will (20 Pa.C.S. § 305(a)), then DD Form 93 designee for armed forces members (supersedes will if executed later, § 305(a.1)), 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. Pennsylvania does not require embalming by law. No state law requires embalming in all cases. Under 49 Pa. Code § 13.201, human remains held 24 hours beyond death must be embalmed, sealed in a container that prevents fumes or odors from escaping, or kept under refrigeration (35-40 degrees F), unless this conflicts with religious belief or medical examination. Remains kept under refrigeration must be buried, cremated, or entombed within 5 hours after removal from refrigeration. The public should not view an unembalmed body kept in refrigeration longer than 36 hours. 49 Pa. Code § 13.187 governs who may perform embalming (licensed funeral directors or supervised resident interns only). If transported by common carrier and not reaching destination within 24 hours, body must be embalmed or placed in a hermetically sealed metal container (28 Pa. Code § 1.23).
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In-depth guides covering Pennsylvania probate laws, trust requirements, and estate planning strategies.
