{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-396.29","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-396.29","heading":"Cremation – Intermingling – Liability for final","body":"disposition or cremation – Identification system – Disposition of\n\nunclaimed remains – Military veteran.\n\nA. The person charged by law with the duty of burying the body\n\nof a deceased person may discharge such duty by causing the body to\n\nbe cremated as authorized and provided for in the following sections\n\nof this article, but the body of a deceased person shall not be\n\ndisposed of by cremation, or other similar means, within the State\n\nof Oklahoma, except in a crematory duly licensed as provided for\n\nherein, and then only under a special permit for cremation issued in\n\naccordance with the provisions hereof.\n\nB. Upon the completion of each cremation, and insofar as is\n\npracticable, all of the recoverable residue of the cremation process\n\nshall be removed from the crematory and placed in a separate\n\ncontainer so that the residue may not be commingled with the\n\ncremated remains of other persons. Cremated remains of a dead human\n\nshall not be divided or separated without the prior written consent\n\nof the authorizing agent.\n\nC. A funeral director or funeral establishment that has\n\nreceived express written authorization for final disposition or\n\ncremation from the authorizing agent shall not be liable if the\n\nfinal disposition or cremation is performed in accordance with the\n\nprovisions of the Funeral Services Licensing Act. The funeral\n\ndirector or funeral establishment shall not be liable for following\n\nin a reasonable fashion the instructions of any persons who falsely\n\nrepresent themselves as the proper authorizing agents.\n\nD. Absent the receipt of a court order or other suitable\n\nconfirmation of resolution, a funeral director or funeral\n\nestablishment shall not be liable for refusing to accept human\n\nremains for final disposition or cremation if the funeral director\n\nor other agent of the funeral establishment:\n\n1. Is aware of any dispute concerning the final disposition or\n\ncremation of the human remains; or\n\n2. Has a reasonable basis for questioning any of the\n\nrepresentations made by the authorizing agent.\n\nE. Each funeral establishment which offers or performs\n\ncremations shall maintain an identification system that ensures the\n\nability of the funeral establishment to identify the human remains\n\nin its possession throughout all phases of the cremation process.\n\nUpon completion of the cremation process, the crematory operator\n\nshall attest to the identity of the cremated remains and the date,\n\ntime, and place the cremation process occurred on a form prescribed\n\nby rule of the Oklahoma Funeral Board. The form shall accompany the\n\nhuman remains in all phases of transportation, cremation, and return\n\nof the cremated remains.\n\nF. The authorizing agent is responsible for the disposition of\n\nthe cremated remains. If, after sixty (60) calendar days from the\n\ndate of cremation, the authorizing agent or the representative of\n\nthe agent has not specified the ultimate disposition or claimed the\n\ncremated remains, the funeral establishment in possession of the\n\ncremated remains may dispose of the cremated remains in a dignified\n\nand humane manner in accordance with any state, county, or municipal\n\nlaws or provisions regarding the disposition of cremated remains,\n\nexcept as provided in subsection G of this section. A record of\n\nthis disposition shall be made and kept by the entity making the\n\ndisposition. Upon the disposition of unclaimed cremated remains in\n\naccordance with this subsection, the funeral establishment and\n\nentity which disposed the cremated remains shall be discharged from\n\nany legal obligation or liability concerning the disposition of the\n\ncremated remains.\n\nG. If the authorizing agent determines that the unclaimed\n\ncremated remains are those of a military veteran, the funeral\n\nestablishment may transfer the remains to a charitable organization\n\napproved by the Military Department of the State of Oklahoma for the\nposed the cremated remains shall be discharged from\n\nany legal obligation or liability concerning the disposition of the\n\ncremated remains.\n\nG. If the authorizing agent determines that the unclaimed\n\ncremated remains are those of a military veteran, the funeral\n\nestablishment may transfer the remains to a charitable organization\n\napproved by the Military Department of the State of Oklahoma for the\n\npurpose of providing a dignified and honorable funeral for the\n\nveteran at a veterans cemetery. The charitable organization shall\n\nbe listed as an exempt organization under Section 501(c) of the\n\nInternal Revenue Code, 26 U.S.C., Section 501(c). Upon the transfer\n\nof the veteran’s remains to the charitable organization, the funeral\n\nestablishment shall be discharged from any legal obligation or\n\nliability concerning the disposition of the cremated remains.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c3b3058a2d3f222618dd74bb6a75c860908a0975dca1cd7cc1c7767bfb05d260","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-396.28","next":"us-ok/okla.-stat.-tit.-59-59-396.2a"},"notice":"GroundRules: Original legal text. Not legal advice."}