Losing someone is hard enough. The last thing you want to deal with is paperwork and legal rules. But Arkansas has specific laws about what happens to a body after death. Knowing them ahead of time can save you a lot of stress.
This guide breaks it all down. Simple, clear, and easy to follow.
What Are Burial Laws?
Burial laws are rules that govern how a person’s body is handled after death. They cover everything from death certificates to where you can legally bury someone. They also cover cremation, embalming, and even scattering ashes.
These laws exist to protect public health and ensure that loved ones are treated with dignity. Pretty important stuff, right?
Death Certificates: The First Legal Step
Okay, this one’s important. Before anything else happens, the law requires a death certificate.
In Arkansas, a “fact-of-death record” must be filed with the Division of Vital Records within three days of death. A complete death certificate must then be registered with the local or state vital records office within 10 days. You cannot bury or cremate someone until this is done.
The funeral director usually handles this. But if you are managing things yourself, this responsibility falls on you. A doctor, medical examiner, or coroner must sign off on the cause of death first. Then you file the rest of the information.
Burial Permits: You Need One
Here is where it gets serious. You cannot legally transport, bury, or cremate a body in Arkansas without a burial-transit permit.
This permit is issued by the State Registrar or a designated local representative. It must accompany the body at all times. Failing to secure this permit is a violation of Arkansas law and can result in serious consequences for a licensed funeral director.
Think of it like a travel document. The body cannot go anywhere without it.
Embalming Rules in Arkansas
Most people assume embalming is always required. It is not. Actually, it is rarely required by law.
In Arkansas, a body that will not be buried or cremated within 48 hours of death must be either embalmed or refrigerated. That is the main rule. There are only two exceptions where embalming is specifically required by law.
First, if the body will be transported by a common carrier like an airplane or train, embalming is required. If embalming is not possible, the body must be shipped in an airtight container. Second, if the cause of death involves a contagious disease, a doctor should be consulted about additional steps.
You are not alone in thinking embalming is mandatory. Most people assume it is. It is not.
Caskets: No, You Do Not Need One
Wait, it gets better. Arkansas law does not require a casket for burial.
You read that right. No casket is legally required. However, individual cemeteries may have their own rules. Always check with the cemetery directly before assuming you can skip it.
Federal law also protects you here. Funeral homes must accept caskets purchased from a third-party seller. You do not have to buy one from the funeral home. This can save you thousands of dollars.
Where Can You Bury Someone in Arkansas?
This part can be tricky, honestly. Arkansas law requires that bodies be buried in a registered cemetery. You cannot just bury someone anywhere on your property without following specific steps first.
That said, there is an exception. You may be permitted to establish a family graveyard, especially in rural areas. But there are rules.
You must register the family graveyard with the county clerk before any burial takes place. You also need to contact the local health department and check local zoning laws. Skipping these steps is not an option.
Wondering if your rural land qualifies? Contact your local county clerk and health department before making any decisions. Do not assume.
Home Funerals: They Are Legal in Arkansas
This surprises a lot of people. You do not have to hire a licensed funeral director in Arkansas.
Arkansas law allows “the funeral director or person acting as the funeral director” to handle the arrangements. A coroner can also deliver a body to relatives or friends for burial. You have the right to care for your own dead.
If you go this route, you are responsible for filing the death certificate yourself. You must file it with the local or state vital records office within 10 days. You must also obtain the burial-transit permit before moving or burying the body.
Stay with me here. Home funerals take planning. Look into resources from the National Home Funeral Alliance before proceeding.
Who Decides What Happens to the Body?
Arkansas law has a specific order of priority for who gets to make decisions about final arrangements. This is important for families who may disagree.
The decision-making power goes in this order. First, if the person was in the military, whoever they designated in their Record of Emergency Data has authority. Second, a person named in a written “declaration of final disposition” takes priority. This document only needs to be signed in front of two adult witnesses or a notary.
After that, the order goes to the surviving spouse, then adult children, then parents, then adult siblings, and so on.
Honestly, writing out your wishes before death is the kindest thing you can do for your family. It removes the guesswork during an incredibly hard time.
Cremation Laws in Arkansas
Cremation is growing in popularity. In Arkansas, there are a few rules you need to know.
Before cremation, the death certificate must be fully completed and certified. A 24-hour waiting period is required before cremation can occur. A body that has not been embalmed or refrigerated can wait up to 48 hours before cremation.
Here is one unique rule. In Arkansas, crematories cannot enter into contracts directly with the public. This means you must go through a funeral director to arrange a cremation. You cannot work with a crematory directly.
Scattering Ashes: What Is Allowed
This is the part most people miss. Arkansas has specific rules for scattering ashes.
Cremated remains must be reduced to a certain particle size before scattering. This is a technical requirement handled by the crematory itself.
You can keep ashes at home in a container, crypt, or niche. If ashes are not scattered or given instructions within 90 days after cremation, the person holding them can legally dispose of them under state law.
You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s land, you need written permission from the property owner. For public lands, contact the relevant state or local agency first.
Green Burial in Arkansas
More people are choosing eco-friendly options. Good news: green burial is available in Arkansas.
A true green burial means no vault, a biodegradable casket, and no embalming or chemical preservation. The only Green Burial Association-certified hybrid cemetery in Arkansas is Kirby Tucker Memorial Cemetery in Mountain Home.
Personally, I think the growing interest in green burial makes a lot of sense. It is often less expensive and feels more natural to many families.
However, some options are not yet available. Alkaline hydrolysis, also called water cremation or aquamation, is not currently legal in Arkansas. Human composting is also not permitted. These methods are available in other states, and it is possible Arkansas may expand its options in the future.
Protecting Burial Sites: The Unmarked Graves Act
Hold on, this part is important. Arkansas has strong laws protecting burial sites, even old or unmarked ones.
Under state law originally enacted in 1991 and amended in 1999, desecrating a human grave is a serious crime. So is buying, selling, or trading human remains or burial artifacts.
A first offense is a Class D felony. Subsequent offenses rise to a Class C felony. Displaying human remains for profit is also a Class C felony. These laws apply to all human remains, whether on private or public land.
Think of it like this: even if you find an old unmarked grave on your land, it is protected. You need to contact the Arkansas Historic Preservation Program before taking any action.
Penalties for Breaking Burial Laws
So what happens if you break these laws? It depends on the violation.
Transporting a body without a proper permit is a crime under Arkansas law. Knowingly making false statements on a death certificate or vital records is also illegal. Willfully failing to secure a burial-transit permit is grounds for losing a funeral director’s license.
For violations involving vital records, you can face criminal charges. For violations involving unmarked graves or human remains, you are looking at felony charges. Less severe than a murder charge, but still no joke.
Financial Help for Burial Costs
Burial can be expensive. You may qualify for financial assistance.
Social Security may provide a small death benefit to eligible survivors. Veterans and their families may qualify for burial assistance through the Department of Veterans Affairs. Arkansas also has need-based assistance programs through local social services.
Contact your local social services office or a funeral director to learn what programs you may qualify for.
Body Donation in Arkansas
One more option worth knowing about. You can donate a body to medical science.
The University of Arkansas for Medical Sciences (UAMS) operates a body donation program. This is sometimes called a “no-cost” disposition option. If you are interested, contact UAMS directly to learn about the requirements and how to register in advance.
Frequently Asked Questions
Do I need a funeral director to bury someone in Arkansas?
No. Arkansas allows family members or others to handle final arrangements without a licensed funeral director. You are responsible for filing the death certificate and obtaining the burial-transit permit.
Is embalming required in Arkansas?
Not usually. Embalming is only required if the body will not be buried or cremated within 48 hours, or if it is being transported by common carrier.
Can I bury someone on my own property in Arkansas?
You may be able to establish a family graveyard, but you must register it with the county clerk and comply with local zoning laws first. Contact your local health department before proceeding.
How soon must a death certificate be filed in Arkansas?
A fact-of-death record must be filed within three days. The complete death certificate must be registered with the vital records office within 10 days of death.
Is green burial available in Arkansas?
Yes. Green burial is available at several cemeteries, including Kirby Tucker Memorial Cemetery in Mountain Home, which is the state’s only Green Burial Association-certified hybrid cemetery.
Can I scatter ashes anywhere in Arkansas?
You can scatter ashes on your own private property. For someone else’s land, you need written permission. For public lands, check with the relevant state or local agency first.
Is water cremation (aquamation) legal in Arkansas?
No. Alkaline hydrolysis is not currently legal in Arkansas. Only burial and traditional cremation are permitted methods of disposition.
Final Thoughts
Now you know the basics. Arkansas burial laws cover more than most people expect. From death certificates to home funerals, from green burial to unmarked graves, the rules are detailed but manageable.
The most important takeaway? Plan ahead when you can. Make your wishes known in writing. Register family burial plots before you need them. And when in doubt, contact your local health department, county clerk, or a licensed funeral director for guidance.
Stay informed, take it one step at a time, and do not hesitate to ask for help.
References
- Arkansas Code § 20-18-601 (2024) – Death Certificates and Vital Records: https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-18/subchapter-6/section-20-18-601/
- Arkansas Code §§ 20-17-901, 20-17-902 (2024) – Cemetery Registration and Burial Requirements: https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-17/subchapter-9/
- Arkansas Code § 17-29-311 (2024) – Funeral Director Prohibited Conduct and Sanctions: https://law.justia.com/codes/arkansas/title-17/subtitle-2/chapter-29/subchapter-3/section-17-29-311/
- Arkansas Heritage – Arkansas Burial Law (Unmarked Graves Act): https://www.arkansasheritage.com/arkansas-preservation/programs/review-compliance-program/arkansas-burial-law
- Nolo – Burial and Cremation Laws in Arkansas (Updated 2024): https://www.nolo.com/legal-encyclopedia/burial-cremation-laws-arkansas.html
- Nolo – Arkansas Home Funeral Laws (Updated 2024): https://www.nolo.com/legal-encyclopedia/arkansas-home-funeral-laws.html
- Axios NW Arkansas – Cremation Gaining Traction in Arkansas (January 2026): https://www.axios.com/local/nw-arkansas/2026/01/29/cremation-gaining-traction-arkansas-nationwide
- Arkansas Department of Health – Vital Records Rules and Administration: https://www.arkleg.state.ar.us/Home/FTPDocument?path=/Assembly/Meeting+Attachments/040/5081/D.24b+DOH+SBH+Rules+for+the+Administration+of+Vital+Records+and+Relevant+Acts.pdf
