South Dakota § 34-26A-13.1 - Required time before cremation--Waiver--Coroner's release.

Full text of South Dakota South Dakota Codified Laws § 34-26A-13.1 — Required time before cremation--Waiver--Coroner's release., with citation guidance and answers to common questions.

§ 34-26A-13.1. Required time before cremation--Waiver--Coroner's release.

Except as otherwise provided in this section, a decedent may not be cremated for twenty-four hours following:

(1)    The decedent's time of death, as pronounced by a physician, or other health care professional acting within the person's scope of practice; or

(2)    The time at which a declaration of the decedent's death is made by the coroner or other person having the authority to make that declaration.

The prohibition set forth in this section may be waived, in writing, by a physician or by the coroner, if death is the result of a virulent communicable disease.

If a death is being investigated by a coroner, cremation may not take place before a written release is provided by the investigating coroner.

Source: SL 2023, ch 129, § 8.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 34-26A-13.1

What does South Dakota Codified Laws § 34-26A-13.1 cover?

Section 34-26A-13.1 ("Required time before cremation--Waiver--Coroner's release.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 34-26A-13.1?

A common citation format is "South Dakota Codified Laws § 34-26A-13.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 34-26A-13.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.