Who gets the ashes, and where can you scatter them?

General information, not legal, tax or financial advice. Last reviewed Nov 1, 2026.

Quick answerThe person state law gives the right to control disposition decides what happens to cremated remains. That’s often someone the deceased named in writing, or else a close family member in an order set by statute. In Florida, ashes aren’t estate property and can’t be split among heirs without that person’s consent; disputes go to court. Scattering at sea is allowed under federal rules at least 3 nautical miles from shore, with a report to the EPA within 30 days. On land, California requires written permission from the property owner or agency, and Texas allows scattering over uninhabited public land, public waterways or private land with the owner’s consent.

Step by step

Confirm who controls disposition. State law sets the order. See who has the right to make funeral and cremation decisions.
Put the plan in writing on the cremation authorization, including who will receive the remains. The crematory or funeral home may hold them if there’s a dispute.
Pick up the remains. Unclaimed remains can be disposed of by the crematory or funeral home after a waiting period (table below).
Check the place. Get written permission for private land, check park or local rules for public land, and follow the federal rules for the ocean.
File any required report, such as the EPA burial-at-sea report or California’s at-sea statement.

Scattering at seaFederal law

Cremated remains may be placed in or on ocean waters of any depth at least 3 nautical miles from land.
Only readily decomposable flowers and wreaths may be left; no plastic or metal items.
You must report the burial at sea to the EPA within 30 days using its online reporting tool.
States can’t relax the 3-mile rule for ocean waters, but may allow scattering in inland waters such as rivers, lakes and bays under state law and the Clean Water Act.

Three nautical miles; decomposable flowers only; report within 30 days; states may authorize inland waters but not relax the ocean rule. Source: EPA – Burial at sea, checked Nov 1, 2026.

State rulesState law

State	Who’s responsible / dividing ashes	Where you can scatter	Unclaimed remains
New Hampshire	If a crematory or funeral home knows of a dispute, it may refuse to release the remains until the dispute is resolved. Remains go to the person named on the cremation authorization form.	Not yet verified.	After 60 days, and a reasonable attempt to contact the authorizing agent, the crematory or funeral home may dispose of them.
California	Remains may be kept at home with permission of the person with the right to control disposition, under a disposition permit. Small keepsake urns (no more than 1 cubic centimeter each) need a permit for each.	Where no local prohibition exists, if the remains aren’t distinguishable to the public, aren’t in a container, and you have written permission from the property owner or governing agency. At sea, including inland navigable waters but not lakes and streams, no closer than 500 yards from shore and not from a bridge or pier; file a verified statement with the local registrar.	Not covered here.
Texas	The authorizing agent is responsible for disposing of the remains.	Over uninhabited public land, over a public waterway or sea, or on private property with the owner’s consent. Remove remains from a non-biodegradable container first.	Not earlier than the 121st day after cremation, if unclaimed, the crematory or funeral home may dispose of them; the authorizing agent pays reasonable costs.
Florida	Cremated remains aren’t property and can’t be partitioned among heirs. Dividing them needs the consent of the legally authorized person who approved the cremation; a court resolves disputes.	Not yet verified.	After 90 days, the funeral or direct disposal establishment may dispose of them, including scattering at sea, after checking whether the person was a veteran eligible for a national cemetery.
Ohio	The authorizing agent is ultimately responsible for final disposition. Remains of different people may not be mixed, except for scattering at sea, by air or in a cemetery’s dedicated scattering area.	At sea, by air, or in a dedicated cemetery scattering area are expressly allowed; other places not yet verified.	After 60 days without arrangements, the crematory or funeral home may dispose of them in a dignified manner.

Dispute: may refuse to release remains. Source: RSA 325-A:25, checked Nov 1, 2026.
Delivery to the named representative; 60-day rule for unclaimed remains. Source: RSA 325-A:27, checked Nov 1, 2026.
Scattering on land: no local prohibition, not distinguishable, no container, written permission. Source: Cal. Health & Safety Code § 7116, checked Nov 1, 2026.
At sea: 500 yards from shore, not from a bridge or pier; verified statement. Source: Cal. Health & Safety Code § 7117, checked Nov 1, 2026.
Keeping remains at home; keepsake urns. Source: Cal. Health & Safety Code § 7054.6, checked Nov 1, 2026.
Authorizing agent responsible; unclaimed remains may be disposed of from the 121st day after cremation. Source: Tex. Health & Safety Code § 716.302, checked Nov 1, 2026.
Where remains may be scattered. Source: Tex. Health & Safety Code § 716.304, checked Nov 1, 2026.
Not property; division requires consent; court resolves disputes; unclaimed after 90 days; veteran check. Source: Fla. Stat. § 497.607, checked Nov 1, 2026.
Authorizing agent responsible; 60-day rule; no commingling except scattering at sea, by air or in a dedicated cemetery area. Source: Ohio Rev. Code § 4717.27, checked Nov 1, 2026.

Not yet verified: rules for scattering in national parks, state parks and on other public land in each state. Contact the park or land agency before scattering.

For a veteran, cremated remains can also be placed in a VA national cemetery; see VA national cemetery burial.

After a death: your state

New Hampshire · California · Texas · Florida · Ohio

Probate courts: NH · CA · TX · FL · OH

Was this helpful?