Diposition of Cremated Remains in NC

Charitable Gift Planning General

Cremation is an increasing common way of handling human remains.  While cremated remains are sometimes buried, there is often a desire on the part of family members (or a request from the deceased) to scatter the ashes somewhere.
North Carolina General Statutes Section 90-210.130(f) provides for legal methods of scattering of cremated remains:
  • over uninhabited public land
  • over a public waterway or sea, subject to health and environmental standards
  • on private property of a consenting landowner
  • must be removed from the closed container
Boats or airplanes can be used to perform the scattering.  Scattering in a scattering garden in a dedicated cemetery is also permitted under NCGS Section 90-210-130(c).
Keep in mind that unless the deceased has requested cremation in a Will, Health Care Power of Attorney or other writing witnessed by two people, the next of kin must consent to the cremation in writing before it can take place.
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