Is Cremation Legal in Michigan? Here's What the Law Says

Cremation has become the most common practice across the United States, especially in Michigan. It is known to be the best option for its flexibility, affordability, and in many cases, it aligns with personal or religious preferences. But, one question that can be baffling for many – Do Michigan funeral laws permit cremation? Let us find out the details and understand the Michigan cremation laws.

Yes, Cremation Is Legal in Michigan

Cremation is completely legal in Michigan. However, the process is governed by several laws. The laws that govern cremation in Michigan are covered under the Michigan Public Health Code, the Estate and Protected Individuals Code (EPIC), and specific state regulations regarding funeral homes and crematories.

However, before a cremation can legally take place, several legal requirements must be met to ensure proper authorization, identification, and recordkeeping.

Legal Authorization of Michigan Funeral Laws

Well, even when cremation is legal in Michigan, it needs to be authorised by the close relatives of the deceased.

The authority for the same rests with the following close relatives – exactly in that order –

• The deceased person’s pre-written wishes (if they left written and signed instructions).

• A designated funeral representative (appointed in writing or in a will).

• The surviving spouse.

• Adult children of the deceased.

• Parents of the deceased.

• Siblings.

• Legal guardian or next of kin.

If you have multiple people in the same category, each of them needs to provide an authorisation.

The Necessary Documents Required for Cremation

Before a cremation can occur in Michigan, you need to have the following legal documents.

• Death certificate – A Michigan death certificate would be mandatory. It must be completed and registered with the local registrar. This requirement is typically handled by the funeral director.

• Cremation permit – Once the death certificate has been issued, a cremation permit should also be issued. This will be generally issued by the local medical practitioner. The examiner should review and approve the cause of death before issuing the permit for cremation.

If you do not have the permit from the medical examiner, you cannot legally proceed in Michigan.

Waiting Periods Before Cremation

The Michigan cremation laws require you to wait for at least 24 hours before you can cremate the body of your loved one. The waiting period is designed to allow for families' time to reconsider cremation, as it is irreversible.

The waiting period can also be useful for you to arrange for the proper documentation. However, this waiting period may be waived under certain circumstances, such as if the deceased had an infectious disease that poses a public health risk.

Do You Need a Casket for the Remains?

No, Michigan Funeral laws do not necessitate the need for caskets for cremation. However, you need to keep the body of the deceased in a rigid, combustible container for the cremation process. The container is typically made from wood, fiberboard, or cardboard and is provided by the funeral home or crematory.

Families who wish to hold a viewing or visitation service before cremation may choose to rent a casket for ceremonial purposes.

Handling of Cremated Remains

Once the cremation is done, the remains are generally handed over to the authorised person. The remains are generally handed over in a sealed urn or container.

You have several options to decide about what to do with the remains.

Scattering

You may decide to scatter the ashes as per your religious beliefs. It can be scattered in private land under the land owner’s permission, public lands with any requisite permissions, inland lakes and rivers, and the Great Lakes.

Burial

You can choose to bury the ashes in a cemetery plot or in a columbarium niche. The authorised persons can even choose to bury the ashes in private or public land with permission from the land owner.  You may also need to check out the zoning considerations.

Keep Ashes at Home

There is no law that governs keeping ashes at home. Many families choose to store the ashes in an urn or memorial display.

Costs of Cremation

Cremation is more cost-effective than burial. On average, the cost of cremation in Michigan ranges from $900 to $2,000 according to the Michigan funeral laws. If you are looking for a cremation with a service memorial can range from $2,000 to $5,000.

Families are encouraged to compare prices and request a General Price List (GPL) from any funeral home, as required by the Federal Trade Commission (FTC) Funeral Rule.

In Conclusion

So, is cremation legal in Michigan? The discussion above should have given you proper instructions on how to do it and whether it is permitted. Before you can opt for cremation, you should obtain the necessary documents and get the relevant permits.

Whether you’re planning for your future or making arrangements for a loved one, knowing Michigan’s cremation laws can help you make informed, confident decisions.