What Are the Burial and Cremation Laws in Pennsylvania?

Pennsylvania has a 24-hour minimum waiting period before cremation. A medical examiner or coroner must authorize the cremation before it proceeds. 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). The coroner must investigate any death where the body is to be cremated, buried at sea, or otherwise disposed of so as to be unavailable for examination (16 Pa.C.S. § 13918(a)(9)), and charges $50 for a cremation or disposition authorization (16 Pa.C.S. § 13952). 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).

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).

Pennsylvania requires a licensed funeral director to direct disposition. Under the Funeral Director Law, supervising the burial, transportation, or disposal of a deceased human body is the practice of funeral directing (63 P.S. § 479.2) and may not be done without a Board license (63 P.S. § 479.13(a)). The only exception recognized by the State Board of Funeral Directors is religious observance: a religious denomination, sect, or congregation handling, transporting, and disposing of bodies in accordance with its religious practice (49 Pa. Code § 13.252); that carve-out does not extend to embalming or to acting for profit. Disposal permits may issue as blank presigned permits "to the funeral director only" (35 P.S. § 450.504), and the death certificate must be filed before any disposal permit issues (35 P.S. § 450.501). A general non-religious family-directed disposition without a licensed funeral director is not provided for by statute.

Pennsylvania provides a publicly funded option when a family cannot pay for disposition: PA Department of Human Services — Payment for Burial and Cremation (55 Pa. Code Ch. 283), administered through county assistance offices. Eligible veterans may also be interred at no cost through the U.S. Department of Veterans Affairs. The PA Department of Human Services pays toward burial or cremation for an eligible deceased person whose estate and responsible relatives cannot cover the cost; the payment "will not exceed $750" (55 Pa. Code § 283.21) and is reduced by available resources of the estate (55 Pa. Code §§ 283.22-283.23). Eligibility is tied to the deceased's public assistance status and is determined by the county assistance office; the funeral director must be a registered DHS provider and submit the request on the prescribed form (55 Pa. Code Ch. 283). Separately, veterans who are PA residents and meet federal eligibility (38 U.S.C. Ch. 24) may be interred without charge in a VA national cemetery; Pennsylvania is served by Indiantown Gap, Washington Crossing, and National Cemetery of the Alleghenies (Philadelphia National Cemetery is closed to new gravesites). Apply for VA burial benefits and pre-need eligibility through cem.va.gov.