Funeral and burial laws in Arkansas

• No state requires embalming in every case. Federal law, the FTC Funeral Rule, forbids a funeral home from telling you it does.
• No state law requires a casket for cremation, and the funeral home must offer an alternative container. Vault requirements come from cemeteries, not statutes.
• Checked against the sources at the bottom of this page on 2026-09-07. Laws change. Confirm any hour threshold with the funeral home or the state board before relying on it.

Is embalming required in Arkansas?

Never required in every case. Under 17 CAR § 30-603 (Code of Arkansas Rules, Board of Embalmers, Funeral Directors, Cemeteries and Burial Services) a body must be refrigerated, packed in dry ice, or embalmed if (a) it will be transported by public transportation, (b) final disposition will not occur within 24 to 48 hours after death or release by the authority with jurisdiction, or the body will be lawfully stored, or (c) the director of health orders it for infectious-disease control; the Board's rule text also adds public viewing. Refrigeration or dry ice is an accepted alternative. If cremation is chosen, embalming or refrigeration is not required for 48 hours after death unless a health problem dictates otherwise, and a crematory must refrigerate unembalmed remains held more than 24 hours (Board Rule, 003.22.21 Ark. Code R. 001). Written authorization is required to embalm; permission is implied when embalming is required by law.

How long can you wait before burial or cremation in Arkansas?

24 to 48 hours after death or release, then refrigeration, dry ice or embalming is required (17 CAR § 30-603); 48 hours where cremation is planned. Fact-of-death record within 3 days and death certificate within 10 days (Ark. Code § 20-18-601).

Can you bury someone on private land in Arkansas?

Restricted. Ark. Code § 20-17-902(a) makes it 'unlawful to bury a dead body outside of a registered cemetery.' Cemeteries must be registered with the county judge (or mayor) with a copy filed with the Department of Health showing location and boundaries (§ 20-17-901). A family graveyard of up to 5 acres may be recorded with the county clerk (Ark. Code § 16-66-207), so home burial is possible only by registering the family plot as a cemetery first; check local health department and zoning.

Even where state law allows it, the county or town usually has the last word through zoning, and a burial on private land should be recorded against the deed so a future buyer knows. A family burial ground can also complicate a later sale.

Can the family handle it without a funeral director?

Yes for burial. Ark. Code § 20-18-601 and § 20-18-604 refer to 'the funeral director or the person acting as the funeral director who first assumes custody,' who files the death certificate and obtains authorization for final disposition. No special permit is needed to move a body within Arkansas, but permission of the attending physician, State Medical Examiner or county coroner is required before removing the body (Nolo, citing § 20-18-604). Cremation is the exception, crematories accept remains only from the establishment that made arrangements with the next of kin and may not contract with the public (Board Rule; Nolo cites 17 CAR §§ 30-204, 30-205), so a funeral director is required for cremation.

Death certificate and permits in Arkansas

Filing the death certificate

Funeral director or person acting as funeral director who first assumes custody files the death certificate with the Division of Vital Records within 10 days after death and the fact-of-death record within 3 calendar days; final disposition may not occur until authorized by the attending physician, State Medical Examiner or county coroner when cause of death is pending (Ark. Code § 20-18-601).

Burial or transit permit

Authorization for final disposition must be obtained by the funeral director or person acting as such before any final disposition (Ark. Code § 20-18-604, forms prescribed by the State Registrar). No separate transit permit is required to move a body within the state; a permit is needed for cremation or out-of-state transport (Nolo; Arkansas Home Funerals citing Board Reg. 7.1, secondary). A family member acting as funeral director may obtain the authorization.

Cremation waiting period in Arkansas

No fixed statutory waiting period was found. If the death is under coroner or medical-examiner jurisdiction the crematory may not receive or cremate the remains until the coroner or ME authorizes (Board Rule H.1). Cremation requires a signed cremation authorization from the authorizing agent under the right-of-disposition order in Ark. Code § 20-17-102 (military designee, declaration designee, adult children, siblings, next of kin). Cremation must be arranged through a funeral director because crematories do not contract with the public.

Caskets and vaults

No law requires a casket or vault for burial. A crematory may not require that remains be placed in a casket for cremation or refuse remains because they are not in a casket (Board Rule).

Scattering ashes in Arkansas

Board Rule I.3, cremated remains may be placed in a cemetery crypt, niche, grave or scattering garden, scattered over uninhabited public lands, the sea or other public waterways, or disposed of 'in any manner on the private property of a consenting owner' with the owner's written consent provided to the disposition authority; remains must be reduced to particles of 1/8 inch or less before scattering; unclaimed remains may be disposed of after 90 days (Nolo cites Ark. Code R. § 003.22.1-6). Federal EPA rule applies at sea.

At sea, federal rules apply everywhere. The EPA allows scattering at least three nautical miles from shore and asks for a report within 30 days. Inland waters follow the state.

Your rights under the FTC Funeral Rule, in every state

Whatever Arkansas adds, federal law requires any funeral home to give you an itemised price list before you agree to anything, to quote prices over the phone if you ask, to let you buy only the items you want rather than a package, and to accept a casket or urn bought elsewhere without a handling fee. It also forbids claiming that embalming, a casket for cremation, or a vault is required by law when it is not.

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