Burial & Cremation Laws in Wyoming
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 Wyoming.
1. How do I get a death certificate?
2. Who can order a death certificate?
3. Is embalming required?
4. Is a casket necessary for burial or cremation?
5. Do I have to buy a casket from the funeral home?
6. Where can bodies be buried in Wyoming?
7. Where can we store or scatter ashes after cremation?
8. Learn more.
In Wyoming, a death certificate must be filed with the local registrar within three days of the death and before the body is removed from the state. (Wyoming Statutes § 35-1-418.) 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; usually this will be a funeral home, mortuary, or crematory.
If you are the executor of the estate, you should ask for at least ten certified copies. You will need to one 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.
If you need to order copies of a death certificate later, go to the website of the Wyoming Department of Health. From the WDH website, you can download a mail-in order form or find information for ordering death certificates by phone or online.
When you order the certificates, you must provide a copy of a government-issued photo ID or sign your form in front of a notary public. Each copy of a Wyoming death certificate costs $10.
In Wyoming, those who are permitted to order a certified copy of a death certificate include:
- immediate family members of the deceased person
- the legal representative of the deceased person or of an immediate family member, or
- a bank, insurance company, or anyone else who needs the death certificate to pay a policy or benefit to one of the deceased person’s inheritors.
Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Embalming is rarely necessary, because refrigeration serves the same purpose.
Here are the regulations governing embalming in Wyoming:
- After a funeral director or embalmer takes possession of a body, the body must be refrigerated, cremated, buried, or embalmed within 36 hours.
- If the death was due to a communicable disease, the body must be embalmed before it can be removed from the state. Other bodies may be shipped unembalmed if they are placed in an approved container.
For more information, see Wyoming’s Board of Embalmers Regulations, Chapter 5.
A casket is often the single greatest expense incurred after a death. The cost of a casket can range from a simple $500 box to $20,000 or more for an elaborate design.
Burial. No law requires a casket for burial, but many cemeteries require 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. Federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. You may also build your own casket.
Most bodies are buried in established cemeteries, but burial on private property may be possible in Wyoming. 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.
In Wyoming, there are no state laws controlling where you may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or container at home. If you wish to scatter ashes, you have many options. Cremation renders ashes harmless, so there is no public health risk involved in scattering ashes. 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 private land, it’s wise to get permission from the landowner.
Scattering ashes on public land. 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 example, rules are available for Grand Teton and Yellowstone.
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. Finally, 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 law prohibits 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 Wyoming, see Making Funeral Arrangements in Wyoming.
To find out more about funerals and other final arrangements, see the Getting Your Affairs in Order section of Nolo.com.