What Happens to Uncollected Ashes at a Funeral Home?

No federal law sets a deadline for how long a funeral home or crematory holds ashes. Each state decides when an establishment may dispose of cremated remains nobody has collected. Florida allows it 120 days after cremation and Texas from 121 days. Even then, the remains must be laid to rest in a lawful way, not thrown away.

If you arranged the cremation, you can usually still collect the ashes, and a call is the fastest way to settle it.

Is there a legal time limit for holding ashes?

Not at the federal level. The FTC Funeral Rule covers prices, disclosures and what you can be required to buy, but it does not set a holding period for ashes. The limit comes from your state's law and from the authorization form you signed at the time of the cremation.

Here are two states whose statutes we checked:

Other states differ, and some rely mainly on the contract. Ask the funeral home or crematory for its written policy, or ask your state funeral board which rule applies. This guide gives general information and is not legal advice.

What happens to ashes nobody collects?

State laws that allow disposal also limit the methods.

• Florida lets the establishment dispose of the remains by scattering them at sea, placing them in a licensed cemetery scattering garden or pond or in a church columbarium, or by other methods set by rule.
• Texas limits disposal to a cemetery crypt, niche, grave or scattering area, scattering over uninhabited public land, the sea or waterways, or scattering on private property with the owner's written consent. Texas also requires the establishment to keep a copy of the signed statement of final disposition from the authorizing agent.

In practice, that usually means a scattering garden or a shared memorial space at a cemetery. See our guide to scattering garden services for how those work. Ashes do not go in the trash.

In Texas, the person who authorized the cremation is responsible for the reasonable expenses of disposing of the remains after the holding period. Keep that in mind if you are thinking of leaving them.

What about unclaimed ashes of a veteran?

Florida requires the establishment to make a reasonable effort to find out whether unclaimed remains belong to a veteran or an eligible family member before disposing of them.

The VA says unclaimed veterans can be buried in a national, state or tribal veterans cemetery, that VA pension or compensation is not a condition, and that burial benefits are available for eligible unclaimed veterans. To check whether someone was a veteran, call the National Cemetery Scheduling Office at 1-800-535-1117. Forms for burial costs, such as VA Form 40-10088 (casket or urn allowance) and VA Form 21P-530 (burial benefits), are listed on the VA page.

If you think a relative may have served, tell the funeral director right away. Read more in national cemetery eligibility and veteran cremation benefits.

Why do ashes go uncollected?

The reasons are usually ordinary and human:

• Grief. Some people cannot face collecting the ashes and keep putting it off.
• Distance or ill health. The next of kin lives far away or cannot travel.
• Unpaid bills. People worry about being unable to settle the balance.
• Disagreement. Relatives cannot agree who should take them, or what to do.
• Estrangement or no known family. Nobody is in touch, or nobody is left.

We could not find reliable national statistics on how many sets of remains go unclaimed, so be wary of any figure you see online.

How do you claim or arrange delivery of ashes?

1. Call the funeral home or crematory. Give the name of the person and the date, and ask whether they still hold the remains and what their policy is. Ask for the answer in writing.
2. Bring identification. They usually release remains to the person who signed the authorization, or to someone that person named. If there is a dispute, the funeral home may ask for a court order. Florida, for example, says cremated remains are not property and cannot be divided without the consent of the person who authorized the cremation.
3. Ask for an itemized statement. The FTC Funeral Rule gives you the right to an itemized list of goods and services. If something looks wrong, raise it with the funeral home, then your state funeral board.
4. Arrange shipping if you cannot collect in person. In the US, cremated remains can be mailed only via USPS Priority Mail Express, in a strong, sealed container inside the USPS cremated remains box. Our shipping cremated remains guide has the steps.
5. Decide where they will go so the ashes do not simply move from one shelf to another. See what to do with ashes.

What if the ashes have already been disposed of?

Ask the establishment for its disposition record. In Texas the establishment must keep the signed statement of final disposition, which may help. If the ashes were scattered in a garden or at sea, they usually cannot be retrieved, but a record may let you visit the place or add a marker. If they were placed in a niche or grave, ask the cemetery what retrieval would involve.

How can you make sure your own ashes or a loved one's are collected?

• Name a backup. Put a second contact on the authorization form who can collect the remains if you cannot.
• Decide the plan first. Florida requires a signed declaration of intent for the remains before cremation, and Texas requires a signed written statement of the final disposition, if known. Having a plan makes the paperwork easier.
• Keep your address current with the funeral home.
• Ask about shipping up front, and what it costs, if you live far away. See what is direct cremation if you are comparing providers.

What to do next

1. Call the funeral home and ask for the hold period and their unclaimed-remains policy in writing.
2. If you cannot collect in person, ask them to ship by USPS Priority Mail Express.
3. If the person may have been a veteran, call 1-800-535-1117.
4. If you are stuck on where to put them, read about keeping ashes at home.