Final Resting Options in Pennsylvania: Exploring Traditional and Alternative Burial Types

Death is a certainty, but how we honor our legacy—or the legacy of a loved one—can take many forms. In Pennsylvania, families and individuals are increasingly exploring a variety of burial types beyond the traditional casketed burial. Whether driven by cost, faith, environmental concern, or personal philosophy, understanding the options available is essential to making an informed decision.

As attorneys guiding families through estate planning and end-of-life preparations, we at Ament Law Group, P.C. often encounter questions not just about wills and powers of attorney, but also about final disposition—that is, the legal and logistical steps surrounding the handling of human remains.

This article provides a thorough overview of several burial options available in Pennsylvania and beyond. We discuss legal considerations, costs, environmental impacts, and planning guidance—helping you make the right decision for yourself or your family.

1. Traditional Casket Burial (Embalmed)

What It Involves

This is the most familiar burial option. The body is embalmed to delay decomposition, placed in a casket, and buried in a cemetery plot, typically accompanied by a headstone or grave marker.

Legal Considerations in Pennsylvania

• Embalming is not required by Pennsylvania law, except under limited circumstances (e.g., if the body is being transported across state lines or held for an extended period).

• Burial must occur in a registered cemetery unless otherwise authorized by local ordinance (such as a family burial ground on private property).

• A burial transit permit is required.

2. Cremation

What It Involves

Cremation involves the incineration of remains, with ashes (cremains) returned to the family in an urn or other container. It can be accompanied by a memorial service, with or without viewing.

Legal Considerations

• Pennsylvania requires written authorization from the next of kin or legal representative before cremation.

• Once cremated, ashes may be kept, buried, scattered (subject to local rules), or even turned into keepsakes (e.g., jewelry or art).

• Ash scattering on private property is permitted with consent; scattering on public land or waterways may require permission.

3. Burial at Sea

What It Involves

This method involves the release of either whole-body remains (typically in a casket or shroud) or cremated ashes into the ocean.

Legal Guidelines

• Permitted under the Marine Protection, Research, and Sanctuaries Act.

• Must take place at least three nautical miles offshore and:

  • In waters at least 600 feet deep (or deeper in certain zones, like off Florida or the Mississippi Delta).

  • Ashes can be released by air or sea.

• A report must be submitted to the EPA within 30 days.

• Funeral directors often coordinate these services, and some states (including PA) may require one to oversee the process.

Who Chooses This?

Often selected by military veterans, ocean lovers, or those seeking environmentally conscious alternatives.

4. Natural (Green) Burial

What It Involves

Natural burial seeks to minimize environmental impact. The body is neither embalmed nor encased in metal or concrete. Instead, biodegradable materials such as cloth shrouds or simple wooden caskets are used.

Legal Framework

• Legal in Pennsylvania, but must occur in a cemetery approved for natural burials.

• Some cemeteries have dedicated green sections, while others are fully green-certified.

Environmental and Ethical Appeal

This option avoids toxic chemicals, minimizes carbon footprint, and promotes decomposition and nutrient return to the earth.

5. Cryogenic Preservation (Cryonics)

What It Involves

Cryonics involves freezing the body (or brain only) in liquid nitrogen after death, with the speculative hope that future medical advances may allow for revival.

Current Legal Status

• No cryogenic facilities exist in Pennsylvania.

• Remains must be transported to facilities in states like Arizona or Michigan.

• There is no legal recognition in PA for cryonic revival; death is still considered legally irreversible.

Who Chooses This?

Those with futurist beliefs, interest in scientific advancement, or an aversion to traditional finality.

Controversies

Ethical and scientific concerns abound. Some consider cryonics speculative or philosophically problematic. No cryopreserved person has ever been revived.

6. Alkaline Hydrolysis (Resomation or Water Cremation)

What It Involves

This is a relatively new process using water and lye to decompose remains, offering a more environmentally friendly alternative to flame cremation.

Legal in Pennsylvania?

Not yet. As of now, alkaline hydrolysis is not permitted in Pennsylvania, but other states (e.g., California, Florida, and Oregon) allow it.

7. Human Composting (Natural Organic Reduction)

What It Involves

The body is placed in a composting vessel with organic material, and over several weeks is converted into soil that can be returned to loved ones or used for environmental purposes.

Legal Status

Currently not legal in Pennsylvania, but gaining popularity in states like Washington and Colorado.

Planning Your Final Disposition in Pennsylvania

Regardless of which method you choose, it's important to plan in advance:

What to Include in an Estate Plan

• Final disposition instructions in your will or as a separate writing under 20 Pa.C.S. § 2504(3).

• Appointment of an agent for body disposition, which can prevent family disputes and ensure your wishes are followed.

• Prepaid funeral contracts (must comply with Pennsylvania’s Funeral Directors Law and consumer protection rules).

• Cemetery lot deeds, cremation authorizations, and burial-at-sea permits, if applicable.

Why Planning Matters

• Avoids emotional stress and financial burden on your family.

• Reduces disputes or confusion about your wishes.

• May offer tax savings or insurance coverage benefits.

Every person deserves to have their final wishes honored with dignity and clarity. Whether you're drawn to traditional burial, cremation, green options, or even cutting-edge alternatives like cryonics, the key is intentional planning.

At Ament Law Group, P.C., we help Pennsylvanians prepare for the future with comprehensive estate planning that respects both legal requirements and personal values. From drafting your will to securing proper documentation for burial arrangements, our team is here to guide you every step of the way.

Call Ament Law Group, P.C. today at (724) 733-3500 or visit www.ament.law to schedule a consultation and ensure your final wishes are legally secured and faithfully carried out.