The information shared on this page is based on Alabama's most recent version (2018) of Title 34: The Alabama Funeral Service Code.
Cremation service is available to all families who prefer this method of disposition. Families are advised to be aware of Alabama’s legal requirements that WE are bound by law, to follow in performing cremation services, so that any plans involving the availability of the cremated remains can be timed to coincide with the legally required waiting periods.
PLEASE REMEMBER THAT THESE ARE NOT OUR RULES. THESE ARE STATE LAWS THAT EVERY FUNERAL DIRECTOR IS LEGALLY BOUND TO COMPLY WITH, AND NO CREMATORY WILL PROVIDE THESE SERVICES UNTIL ALL REQUIREMENTS ARE MET!
Under Alabama state law, there is a 24 hour waiting period from the time of death before a cremation can take place. After this time, we advise families to allow 24-48 hours -- and in some cases, longer -- before the cremains are ready.
Who Can Authorize A Cremation In Alabama?
If the deceased has a legal spouse, then the right to act as authorizing agent is assumed by the spouse. However, it is important to note that there are four (4) exceptions that can result in the spouse forfeiting the right to act as the authorizing agent.
These exceptions are:
(1) The person is charged with first or second degree murder or voluntary manslaughter in connection with the death of the decedent and the charges are known by the mortician. If the charges against the person are dismissed or the person is acquitted of the charges, the right of disposition shall be reinstated.
(2) The person does not exercise his or her right of disposition within two (2) days after notification of the death of the decedent or within three (3) days after the death of the decedent, whichever is earlier.
(3) If the person is the spouse of the decedent and a petition to dissolve the marriage was pending at the time of death of the decedent.
(4) If the judge of probate court determines, that the person entitled to the right of disposition and the decedent were estranged at the time of death. "Estranged" means a physical and emotional separation that has existed for such a period of time that an absence of affection, trust, and regard for the decedent is clearly demonstrated.
In the absence of a spouse who is able to act as the authorizing agent, then the following individuals (in the order listed) assume the right to act as authorizing agent: A sole surviving child (OR) A majority of the surviving children; a sole surviving grandchild; a
surviving parent; a surviving sibling (OR) a majority of the surviving siblings; the surviving grandparent; a legally appointed guardian; The Executor or Administrator of the deceased Estate.
Here are some of our most helpful links that will assist you in your understanding of the cremation process.
The Modern Process Of Cremation
(This is a short video presentation that shows you what actually happens to the body during the cremation process. Warning: This video is very graphic)
Cremation Is NOT A Bad Word
This establishment does not own a crematory.