What should happen to my body when I die? (Previously only cremation vs burial)

Until recently, there were essentially three options for what you could do with your body at the time of death:

• Burial

• Cremation by fire

• Cremation by water

And now there’s a fourth:

• Composting

What do each of these entail?

In California, a body must be embalmed* or refrigerated if final disposition (aka one of the above options) will not occur within 24 hours. (There is an exception for home funerals.) If a body is to be shipped by “common carrier” (e.g. an airplane) it must be embalmed. If embalming is not possible, the body must be sealed in an approved container. (Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration.)

Burial involves placing the body in the ground, either in a casket or not. Although California does not have rules about caskets, many cemeteries do. “In California, bodies must be buried in established cemeteries. City or county authorities have the authority to establish and regulate burial grounds. If you want to bury a body on private land, check with the municipal or county zoning department to find out whether you can establish a family cemetery; it may be possible if you live in a rural area.” (Source: Nolo)

Cremation by fire** involves placing the body in a durable, flammable container, usually made of plywood or cardboard and then exposed to extreme heat for two to three hours until the bones are reduced to fragments. The remains are left to cool before final processing, which involves turning the remains into ash.

Cremation by water** or alkaline hydrolysis is also called as bio-cremation, resomation, aquamation, green cremation, flameless cremation, or water cremation. Alkaline hydrolysis is a chemical process that uses a solution of 95% water and 5% potassium hydroxide or sodium hydroxide to reduce a body to components of liquid and bone. It was legalized in California in 2017, and went into effect in January 2020. (Source: Nolo)

Composting is a “process called natural organic reduction, and involves placing a corpse in a steel vessel and covering it with materials such as wood chips, alfalfa, and straw until it decomposes. The remains are returned to family members or can be mixed into soil in a conservation area. Washington was the first state to allow people to choose human composting as an alternative to burial or cremation, followed by Colorado and Oregon. Under the new law, California officials must come up with regulations by 2027.” (Source: Sacramento Bee)

**What are California Rules on Scattering Ashes?

California allows you to dispose of cremated remains by:

• placing them in a columbarium or mausoleum

• burying them on cemetery grounds

• keeping them at home (the law requires that you sign a permit and agree not to remove the cremated remains from their container; you must also make arrangements to dispose of the ashes at your death)

• storing them at a church or other religious structure, if allowed by local zoning laws

• scattering them in a cemetery scattering garden

• scattering them in any area of the state where there is no local prohibition, if you obtain written permission from the property owner or governing agency (the ashes must be removed from their container and scattered so they are not visible to the public)

• scattering them at sea or inland navigable waters (the scattering must occur at least 500 yards from shore), except for lakes and streams. (Source: Nolo)

What are Federal Rules on Scattering Ashes?

Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.

Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.

The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.

Scattering ashes by air. California doesn't have any laws on this, but federal law prohibits dropping any objects that might injure people or harm property. The U.S. government does not consider cremains to be hazardous material. So all should be well as long as you remove the ashes from their container before scattering. (Source: Nolo)

Please note that this is just for informational purposes only; I suggest doing research on your own to determine what you want to happen with your body — or to discuss these options with your loved ones. These types of instructions can be included in your estate plan (or they don’t have to be!) Please contact me for a complimentary consultation.