Burial & Cremation Laws in Iowa
Each state has laws affecting what happens to a body after death. For example, most states have unique rules about embalming, burial or cremation, scattering ashes, and how to get a death certificate. Here are some answers to common questions about post-death matters in Iowa.
How do I get a death certificate?
Who can order a death certificate?
Is embalming required?
Is a casket necessary for burial or cremation?
Do I have to buy a casket from the funeral home?
Where can bodies be buried in Iowa?
Where can we store or scatter ashes after cremation?
In Iowa, a death certificate must be filed with the local registrar within three days and before final disposition of the body. (Iowa Code § 144.26.) Typically, the funeral home, mortuary, cremation organization, or other person in charge of the deceased person’s remains prepares and files the death certificate.
You may need copies of the death certificate for a number of reasons. You might want a copy for your own records or, if you are in charge of wrapping up the deceased person’s affairs, you may require multiple, official copies to carry out your job. You will need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable on death accounts, veterans benefits, and many others.
The easiest way to get copies of a death certificate is to ask the person or organization that files the certificate to order them for you at the time of the death. If you are the executor of the estate, you should ask for at least ten certified copies.
If you need to order copies of a death certificate later, contact the recorder’s office in the county where the death occurred or go to the website of the Iowa Department of Public Health. On the IDPH website, you can download a mail-in order form or find information for ordering death certificates by phone or online.
In Iowa, you must provide a copy of your government issued photo ID and a notarized copy of your signature at the time you order a certified copy of the death certificate. Each copy of an Iowa death certificate costs $15.
In Iowa, you can obtain a certified copy of a death certificate if you are at least 18 years old and can show that you are legally entitled to the record. Entitled people include:
- the deceased person’s spouse
- the deceased person’s immediate family members, and
- a legal representative of the deceased person or of any of the people named above.
For more information, see the Iowa death certificate application form.
Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Embalming is still fairly common, but it's rarely necessary; refrigeration is a much simpler and less expensive alternative.
In Iowa, embalming is legally required if the death was due to a communicable disease. (Iowa Administrative Code 645-100.6(4).)
In addition, embalming or refrigeration is required if final disposition of the body will not occur within an established period of time. A body may be held for up to three days without embalming, or up to six days if it is refrigerated between 38 and 42 degrees. (Iowa Administrative Code 645-100.6(3).)
A casket is often the single greatest expense incurred after a death. They range from a simple $500 box to elaborate $20,000 models. Some people prefer to forgo a casket altogether.
Burial. No law requires a casket for burial. However, you should check with the cemetery; it may have rules requiring a certain type of container.
Cremation. No law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.
No. Funeral homes must, under federal law, accept caskets that consumers have purchased from another source, such as an online retailer. You may also construct a casket yourself.
Most bodies are buried in established cemeteries, but burial on private property is possible in Iowa. Before conducting a home burial or establishing a family cemetery, check with the county or town clerk for any local zoning laws you must follow. If you bury a body on private land, you should draw a map of the property showing the burial ground and file it with the property deed so the location will be clear to others in the future.
The Iowa Administrative Code states that scattering of cremated remains is subject to any applicable local ordinances or cemetery rules. The law prohibits you from scattering ashes on public property or on private property without permission of the property owner. (Iowa Administrative Code 641-97.13(3).)
Here are some additional tips on common options for scattering ashes. Whichever you choose, use common sense and refrain from scattering ashes in places where they would be obvious to others.
Scattering ashes in an established scattering garden. Many cemeteries provide gardens for scattering ashes. If you’re interested, ask the cemetery for more information.
Scattering ashes on private land. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s land, you should get permission from the landowner, as described in the law above.
Scattering ashes on public land. The Iowa Administrative Code indicates that scattering ashes on state property is not permitted. (Iowa Administrative Code 641-97.13(3).) You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as in a city park. However, many people simply proceed as they wish, letting their best judgment be their guide.
Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. However, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, and waterways. You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.
Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. You must notify the EPA within 30 days of scattering ashes at sea.
The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.
For more information, see Burial of Human Remains at Sea on the EPA website.
Scattering ashes by air. While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to people or property. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering.
To learn about the federal Funeral Rule, which protects consumers in all states, visit the website of the Federal Trade Commission.
For more information about funeral laws in Iowa, see Making Funeral Arrangements in Iowa.
To find out more about funerals and other final arrangements, see the Getting Your Affairs in Order section of Nolo.com.