Burial and cremation laws in Georgia (2023)

FAQs

What is the cremation law in Georgia? ›

Georgia has a mandatory 24-hour waiting period before a cremation can be performed. This is standard practice, and a cremation authorization form must be signed by the immediate next of kin to enable the cremation permit to be issued.

Can You Bury a Body at Home in Georgia? There are no state laws in Georgia prohibiting home burial, but local governments may have rules governing private burials. Bibb County, for example, requires all human remains to be buried in authorized cemeteries inside "leak-proof" caskets or vaults.

The parents if there is no spouse or children, descendants of deceased children, grandchildren, etc. If no spouse, children, descendants of children, or parents survived the decedent, the brothers and sisters of the decedent and the descendants of any deceased brother or sister who predeceased the decedent.

Most bodies are buried in established cemeteries, but there are no state laws in Georgia that prohibit burial on private property.

In Georgia, a direct cremation costs $800 on average, but the exact amount varies between funeral homes. The difference is usually down to the services included in the pricing. That said, the average direct cremation includes: Transporting your loved one.

When a person's remains are cremated, the body must be placed in a rigid container that is entirely combustible. While this container can be a traditional casket, it does not have to be. Generally, the only requirement is that it cannot have any metal parts.

The laws of both the State of Georgia and the federal government cover embalming, cremation and fee disclosure by funeral service providers.

In Georgia, if you die without a will, any assets leftover after your debts are paid off will go to your living relatives. If you have no living relatives, then any assets will go to the state. The law sets out which relatives will inherit your estate. If you have a spouse and/or kids, your whole estate goes to them.

Who has power of attorney after death if there is no will in Georgia? ›

Under Georgia law, when the person passes away, the financial power of attorney immediately ends. When the person passes away, the will of the deceased or Georgia law for intestacy (which is a situation where there is no will) would then take over.

The term usually means your nearest blood relative. In the case of a married couple or a civil partnership it usually means their husband or wife. Next of kin is a title that can be given, by you, to anyone from your partner to blood relatives and even friends.

Private Land - in Georgia, along with many other states, you're permitted to scatter a loved one's ashes on private property that you own or on the private property of somebody else with their permission.

Caskets and The Law

No state law requires use of a casket for burial or cremation. If a burial vault is being used, there is no inherent requirement to use a casket. A person can be directly interred in the earth, in a shroud, or in a vault without a casket.

Burial vaults and grave liners are not required by state law. Embalming is not legally required in Georgia. Refrigeration generally serves the same purpose. Direct cremation or burial does not require any form of preservation.

A direct cremation is generally the lowest-cost method of disposition. A direct cremation is when the deceased is immediately cremated, with no service, and the cremated remains are directly returned to the family or scattered.

First of all, cremations are known to be much more cost-effective as there are no gravesite fees, caskets, cemetery fees, or headstones involved. Second of all, cremations are better for the environment as there is no land needed and no space required.

Direct cremation is the least expensive way to bury your loves one. It is done respectfully, and gives your and your family time to find the most personal and affordable burial option.

Are you clothed when you are cremated? Cremation of a body can be done with or without clothing. Typically, if there has been a traditional funeral (with the body) present, the deceased will be cremated in whatever clothing they were wearing.

The bones of the body do not burn in fire. Why do the bones not burn in fire? For the burning of bone, a very high temperature of 1292 degrees Fahrenheit is required. At this temperature also, the calcium phosphate from which the bones are made will not entirely turn into ash.

What is removed from a body before cremation? ›

The only parts of the body that are removed before cremation are artificial ones like a medical device or implant with a battery, silicone, pins, radiation pressurization, pacemakers, and large hip, knee, and shoulder replacements along with any external jewelry.

To obtain assistance with an indigent or pauper's burial or cremation, contact the Department of Human Services Division of Family and Children Services (DFCS) for the county where the deceased resided and to be directed to the Indigent Burial Department.

For an average size adult, cremation takes from two to three hours at normal operating temperature between 1,500 degrees F to 2,000 degrees F.

Yes, providing you have followed all the legal procedures for registering the death, a person can be buried at home or on private land. There are other things that you should consider however, such as what happens if the property is sold, and making sure the location and ground conditions are suitable.

Funeral Assistance: GA DFCS in each county (159) may provide funeral assistance based on eligibility within the low-income and vulnerable population. Funeral assistance is available depending on resources available within a sliding scale and the DFCS client's needs.

An average casket costs around $2,500 – $3,000, but you can spend $10,000 or more for an upscale one, or you can purchase a standard metal casket for as little as $995.

The people named in the deceased's will as their executors (or, if the deceased didn't make a will, their nearest relatives) are primarily responsible for arranging their funeral.

Does Medicare or Social Security Pay for Funeral Expenses? The short answer to this question is no; they don't. Medicare covers medical care, which ends when you die. Medicare doesn't have a death benefit either, but Social Security does offer survivor benefits.

Yes, but not a lot. In the event of a death, the Social Security Administration (SSA) pays a small grant to eligible survivors of some beneficiaries to help with funeral costs. This is referred to as The Lump-Sum Death Benefit. As of March 2021, this amount was set by law at $255 for SSI recipients.

If living apart and they were receiving certain Social Security benefits on the deceased's record, they may be eligible for the lump-sum death payment. If there is no surviving spouse, the payment is made to a child who is eligible for benefits on the deceased's record in the month of death.

What happens to bank account when someone dies without beneficiary? ›

If a bank account has no joint owner or designated beneficiary, it will likely have to go through probate. The account funds will then be distributed—after all creditors of the estate are paid off—according to the terms of the will.

Probate isn't always required in Georgia. It is necessary by law if the assets belonged solely to the deceased person with no named beneficiary or with the estate as the named beneficiary. If the assets were included in a revocable living trust, probate won't be necessary.

Any asset that names a beneficiary directly avoids probate. Assets might include the proceeds from a life insurance policy, IRA, 401(k) and other retirement accounts that name a beneficiary. Payable-on-death or Transferable-on-death accounts, such as bank accounts or securities.

If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.

Many executors and administrators act without a solicitor. However, if the estate is complicated, it is best to get legal advice. You should always get legal advice if, for example: the terms of a will are not clear.

It is also dependent on how quickly that court can evaluate the estate and issue a ruling on the case. That said, the probate process in Georgia can be expected to take anywhere from at least about six months to as much as a few years.

There is a hierarchy which determines who is deemed closest to you as “next of kin.” Your spouse or civil partner comes first, then your children, then your parents, siblings, grandparents in that order.

Primogeniture (/ˌpraɪm-ə-/ also /-oʊ-ˈdʒɛnɪtʃər/) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative.

Cost of direct cremation

In Georgia, a direct cremation costs $800 on average, but the exact amount varies between funeral homes. The difference is usually down to the services included in the pricing.

Do human ashes dissolve in water? ›

Human ashes are like sand and they do not float. They will not dissolve in the water; instead, they will descend into the ocean until they hit the floor.

Where can bodies be buried in Georgia? Most bodies are buried in established cemeteries, but there are no state laws in Georgia that prohibit burial on private property. Local governments may have rules governing private burials, however.

Therefore, graves were always dug six feet deep to prevent body snatchers from gaining access to the buried remains. Another issue that people were worried about was animals digging up graves. An ancient practice of burying dead people six feet underground may have helped mask the odor of decay from predators.

It's absolutely possible to spend time visiting someone or have an open coffin at the funeral when the person hasn't been embalmed. We've done this many times and the person will be just as well cared for and should look peaceful.

a coffin and a casket? The difference is basically one of design. Coffins are tapered at the head and foot and are wide at the shoulders. Caskets are rectangular in shape and are usually constructed of better quality timbers and feature higher standards of workmanship.

The parents if there is no spouse or children, descendants of deceased children, grandchildren, etc. If no spouse, children, descendants of children, or parents survived the decedent, the brothers and sisters of the decedent and the descendants of any deceased brother or sister who predeceased the decedent.

Private Land - in Georgia, along with many other states, you're permitted to scatter a loved one's ashes on private property that you own or on the private property of somebody else with their permission.

The person entitled to possession of the body is the person who is under a duty to dispose of the body. A crematorium authority must hand over the ashes to the person who delivered the body for cremation.

A direct cremation involves no funeral service. There is no viewing of the deceased or farewell ceremony conducted. Usually, there are no mourners present, although you can be present for the committal if you wish. No expensive coffin is required for direct cremation services.

Do human ashes float or sink? ›

What happens to ashes scattered at sea? Human ashes are like sand and they do not float. They will not dissolve in the water; instead, they will descend into the ocean until they hit the floor.

Public parks and gardens

Auckland's regional parks, the Auckland Botanic Gardens in Manurewa and Parnell Rose Gardens have prohibited the scattering of ashes in their parks and gardens. Ash scattering is also discouraged in local parks and on sports fields, where visitors picnic, exercise and relax.

For an average size adult, cremation takes from two to three hours at normal operating temperature between 1,500 degrees F to 2,000 degrees F.

Scattering ashes on a family grave or in a cemetery

Not all cemeteries allow scattering ashes, so check with the cemetery directly for their rules. If you own a plot of land in the cemetery, you should be able to scatter ashes over a family grave. Your funeral director can help you to make these arrangements.

What you need to know is that it's possible to divide the ashes into more than one urn, and you can get the funeral home to help with this request. For more information on cremation, pre-planning services, or advice, contact Tindall Funeral Home at (315) 468-5521.

Interment of ashes refers to burying cremated remains into the ground or placing an urn into a columbarium. In the United States, you can legally bury or inter ashes in a wide variety of locations, including cemeteries, wilderness areas, private land, or in the sea.

In most cases, you will have to wait somewhere between 24 and 72 hours after death before a body can be cremated. Certain paperwork is required and may take several business days to obtain.

A direct cremation is a cremation with no funeral service, no ceremony performed beforehand, and no attendees. The ashes are returned to the family to do with as they wish. Direct cremation is often the cheapest option offered by funeral directors.

What is an unattended funeral? An unattended funeral is a funeral that isn't witnessed by the family and friends of the person who died. Instead, the cremation or burial takes place privately at the crematorium or burial ground.