How Long Do Funeral Homes Keep Ashes in Florida?

Sometimes cremated remains are not collected right away because of travel, family disagreement or grief. Florida law sets out what a funeral home may do if remains go unclaimed.

The Florida rule: 120 days

Under Fla. Stat. 497.607, if cremated remains have not been claimed 120 days after the cremation, the funeral or direct disposal establishment may dispose of them. Disposal can include scattering at sea, placement in a licensed cemetery scattering garden or pond, placement in a church columbarium, or other methods allowed by rule.

Special protection for veterans

Before disposing of unclaimed remains, the establishment must make a reasonable effort to find out whether the person was a veteran or the family member of a veteran eligible for burial in a national cemetery. If so, it must arrange for interment in a national cemetery (Fla. Stat. 497.607).

What families should do

• Call the funeral home if you cannot collect the remains soon. Many will hold them longer by agreement, arrange delivery, or ship them by USPS Priority Mail Express.
• Update the declaration of intent if your plans have changed.
• If family members disagree about the remains, remember that Florida gives decision-making authority to the legally authorized person, and courts resolve disputes over division.
• Looking for remains from years ago? Contact the funeral home that handled the cremation. If it has closed, the Division of Funeral, Cemetery, and Consumer Services may be able to help.

Related: What happens to cremated remains · Florida cremation laws