Estate Planning

Diposition of Cremated Remains in NC

By Gregory Herman-Giddens

Cremation is an increasing common way of handling human remains.  While cremated remains are sometimes buried, there is often a desire on the part of family members (or a request from the deceased) to scatter the ashes somewhere.

North Carolina General Statutes Section 90-210.130(f) provides for legal methods of scattering of cremated remains:

• over uninhabited public land
• over a public waterway or sea, subject to health and environmental standards
• on private property of a consenting landowner
• must be removed from the closed container

Boats or airplanes can be used to perform the scattering.  Scattering in a scattering garden in a dedicated cemetery is also permitted under NCGS Section 90-210-130(c).

Keep in mind that unless the deceased has requested cremation in a Will, Health Care Power of Attorney or other writing witnessed by two people, the next of kin must consent to the cremation in writing before it can take place.

Full post as published by North Carolina Estate Planning Blog on June 16, 2009 (boomark / email).