Utah § 58-9-611 - Disposition of cremated remains.
Full text of Utah Utah Code § 58-9-611 — Disposition of cremated remains., with citation guidance and answers to common questions.
§ 58-9-611. Disposition of cremated remains.
Effective 5/8/2018 58-9-611.
Disposition of cremated remains.
(1)
(a)
An authorizing agent shall provide the person with whom cremation arrangements are made with a signed statement specifying the final disposition of the cremated remains, if known.
(b)
The funeral services establishment shall retain a copy of the statement.
(2)
(a)
The authorizing agent is responsible for the disposition of the cremated remains.
(b)
If the authorizing agent or the agent's representative has not specified the ultimate disposition of or claimed the cremated remains within 60 days from the date of the cremation, the funeral service establishment may dispose of the remains in any manner permitted by law, except scattering.
(c)
The authorizing agent shall reimburse the funeral services establishment for all reasonable costs incurred in disposing of the cremated remains under Subsection (2)(b).
(d)
The person or entity disposing of cremated remains under this section:
(i)
shall make and keep a record of the disposition of the remains; and
(ii)
is discharged from any legal obligation or liability concerning the remains once the disposition has been made.
(e)
Subsection (2)(d)(ii) applies to cremated remains in the possession of a funeral services establishment or other responsible party as of May 5, 2008, or any time after that date.
(3)
(a)
An authorizing agent may direct a funeral service establishment to dispose of or arrange for the disposition of cremated remains:
(i)
in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
(ii)
by scattering the cremated remains over uninhabited public land, the sea, or other public waterways subject to health and environmental laws and regulations; or
(iii)
in any manner on the private property of a consenting owner.
(b)
If cremated remains are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the funeral service establishment with the written consent of the property owner prior to disposal of the remains.
(c)
In order to scatter cremated remains under Subsection (3)(a)(ii) or (iii), the remains must be reduced to a particle size of one-eighth inch or less and removed from their closed container.
(4)
A funeral service establishment may not release cremated remains for scattering under this section to the authorizing agent or the agent's designated representative until the funeral service establishment is given a receipt that shows the proper filing has been made with the local registrar of births and deaths.
Section 58-9-611 ("Disposition of cremated remains.") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 58-9-611?
A common citation format is "Utah Code § 58-9-611" (Utah). 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 Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 58-9-611 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
