Making a Final Exit

Final disposition is a legal term for a very practical matter: how a body is disposed of after death. While there are many variations described below, presently in Virginia there are essentially two options that are legal: burial, flame cremation. Families may make all of the arrangements themselves. This page provides the information you need to “Do It Yourself”. (See How to Work With Professionals for tips on getting what you want from professionals.) ​​

On This Page

  • Cremation
  • Alkaline Hydrolysis
  • Green/Natural Burial
  • ​Natural Organic Reduction 
  • Conventional/Lawn Burial
  • Military Burial
  • Home Burial
  • Burial at Sea​​
  • Body, Organ, and Tissue Donation

Green/Natural Burial

According to the Green Burial Council, choosing natural burial is a way of caring for the dead with minimal environmental impact that aids in the conservation of natural resources, reduction of carbon emissions, protection of worker health, and the restoration and/or preservation of habitat. Green burial necessitates the use of non-toxic and biodegradable materials, such as caskets, shrouds, and urns, and may use GPS to locate graves rather than stone markers. Natural burial, whether in a hybrid, natural, or conservation cemetery setting, creates opportunities for family-led and family-designed body care and vigil, ceremony, and healing participation by family and friends, often including processionals to the grave, lowering of the body, and closing the grave by shoveling soil. (Read more about Types of Burial and Types of Cemeteries in our Glossary.)

Virginia has a few green burial grounds available. Find a green burial cemetery near you at Green Burial Cemeteries in the US and Canada. If you are interested in green burial in your community, contact your local cemetery authorities to let them know. They have the authority to change their cemetery's bylaws, ordinances, or rules and regulations.

Flame Cremation

Direct (or Simple) Cremation
Direct cremation is typically the least expensive disposition option after natural or home burial. This means that the body will be removed from the place of death and the family will be alerted when the cremation is complete. It includes an alternate container (usually made of cardboard), transportation within a specific range, sheltering of the deceased until the cremation is completed, the cremation, processing of all necessary forms and documents, and assistance with obituaries. Virginia does not require the use of a casket; it only requires a "rigid, combustible" container.

Direct from Family Cremation
Virginia crematories may require a funeral director to make the arrangement; this is their own business policy, not the law. Call crematories directly to ask. Virginia law does not require a casket or special container for cremation, but again, some crematories may have their own requirements, so check in advance.
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Cremation Services and Packages
Funeral homes and cremation providers offer packages that include different product and service options beyond what’s provided in a Direct Cremation. Many families choose to cremate and then plan a memorial service or celebration at another time, including interment of the cremated remains in a cemetery. Cremation packages, and products associated with cremated remains, can be arranged independently or with the assistance of a funeral home. Be sure to compare packages to a la carte components to get exactly what you want. (See How to Work with Professionals for more on coordinating directly with crematory staff.)

Witnessed Cremation
Witnessed cremations are exactly what they sound like: one or more family members being present at the facility, with the option of delivering the body into the cremation chamber, pushing the ignition button, and remaining through the end of the process. Not all crematory operators are open to it and not all funeral directors offer this product. Those who provide this by request may charge a small extra fee and may only be available certain days or times of day. For those who choose this option, being in control and present to the end can be impactful and rewarding.

Disposition of Cremated Remains 
Disposition by cremation results in an average of 7-10 pounds of pulverized bone in the form of calcium phosphate and sodium. In Virginia, there are no state laws governing where you may keep or scatter cremated remains; the process of cremation is legally considered final disposition and the remains are “personal property” posing no health hazards and no longer governed by rules for the deceased. There are a few considerations: 
  • Environmental Considerations: Because of their chemical makeup, cremated remains are not fertile and, in fact, deter plant root growth; salt water scattering is relatively benign. 
  • Public lands and beaches: City, county, federal, and zoning restrictions may apply to scattering on public lands though generally an informal “don’t ask, don’t tell” practice prevails. The Environmental Protection Agency prohibits scattering on beaches or tidepools; see Burial at Sea for further detail on EPA requirements.
  • Private land: Cremated remains cannot be placed on or scattered in other people’s private property without their permission. This includes private property owned by companies (for example, your father’s favorite baseball stadium or golf club).
  • Cemeteries: While the idea of scattering cremated remains on the grave of another loved one may be comforting, they’re likely to end up in a compost pile after the groundskeepers mow the grass. Burying cremated remains in a cemetery requires the cemetery’s permission.
  • Veterans: Any honorably discharged veteran, and their spouse and dependent children, may have their cremated remains placed in a national cemetery or buried at sea at no charge. (See Military Veteran Burial below.)
(See our Create Ceremony page for more on services associated with cremated remains, and How to Go Out Greener for information about products.)​

Environmental Impact
Many people are unaware of the environmental impact of cremation, often erroneously believing it to be the greenest disposition method. Cremation burns fossil fuel, usually natural gas, at extremely high temperatures sustained for several hours per person, releasing 1.74+ billion pounds of CO2 emissions annually in the US, and emitting a significant amount of mercury and heavy metals into the atmosphere that end up in our rivers and streams. The resulting "ashes" from pulverized bones consists of calcium phosphate and sodium which can be detrimental to plants and trees, and to marine life when it runs off into fresh waterways. (For more statistical evidence of the environmental impact of various methods, go to the Green Burial Council and the Conservation Burial Alliance. See Cremation Curious for more detailed environmental information regarding all incomplete processes.)

Home Burial

Virginia families may bury on their own property. There are no laws in Virginia stipulating conditions for home burial. Be sure to check for local or county zoning regulations. If you live outside the village or city limits, or are zoned rural residential, you can usually create a family burial ground on your own land. It is important to understand that burying on private property constitutes establishing a private family cemetery that will need to be documented and registered with the town.
 
Steps regarding establishment of a family cemetery:
  • Check for local ordinances with the zoning authorities or the local or county health department.
  • Register the burial prior to the event with the local registrar, City or Town Clerk's office. 
  • Draw a map of the land showing the location that includes a drawn easement for future access by family members, and have it recorded with your deed at the town clerk's office for a permanent record and easement on the land (there's usually a small fee to pay).
 
Restrictions and guidelines:
Virginia does not have any state setbacks, restrictions or guidelines regarding distances from water, buildings, highways, or other structures, or for burial depth. 3.5 - 4 feet from the bottom of the grave to the surface is legal and sufficient. For information regarding how to dig a natural burial grave, research general home and natural burial information at the Home Burial page of NH Funeral Resources, Education & Advocacy or the Green Burial Council>Resources>Education. You can also contact the Virginia Department of Health for more information.

County offices of note: 
Sometimes local governments impose restrictions or offer recommendations regarding distances from water, buildings, or roadways. The following counties allow private home burials with no restrictions. If you'd like to check, contact:
Department of Health in Fluvanna County 434-591-1965 
Nelson County Planning and Zoning 434 263-7090
Greene County Department of Health 434-985-2262; case by case recommendation of 50 ft/100ft distance from wells, depending on well class. 

Tips:
  • If the grave is wet, dig a small trench at the foot for the water to pool
  • Line the grave with lengthy sticks or branches, and cover with evergreen boughs or other organic matter to create an oxygen trap and space to remove lowering ropes or straps
  • Mound all the soil above the grave to create a flat surface once settling has occurred
  • Winter burials are possible if time is taken to remove snow and thaw the ground sufficiently with coals from wood fires, heaters, solar covers, or other methods
  • The casket may also be filled with sawdust or other insulating agent and held in a cold shed, barn or garage until spring burial is possible

Burial at Sea

Regulated by the federal Environmental Protection Agency (EPA), rules for burial at sea are found here. Families wishing to use this option without hiring a funeral director must follow these steps:
  1. For full body burials, obtain an appropriate weighted shroud or casket (see specifications): “[a]ll necessary measures shall be taken to ensure that the remains sink to the bottom rapidly and permanently.” 
  2. Arrange for a suitable boat. Full bodies must be buried in water at least 600 feet deep, no closer than three nautical miles from land. Cremated remains can be released into or onto ocean water of any depth as long as it’s three nautical miles from land.
  3. The location of the ocean burial or scattering must be reported to the EPA Regional Administrator within 30 days of the burial. Find the on-line reporting form here and an FAQ about this reporting requirement here.
  4. Families handling their own death certificate must have the boat captain sign as Sexton on the burial/transit permit. Do not submit the death certificate to the EPA.
Families wishing to use a funeral director and a boat service experienced in sea burial can contact a coastal funeral home. See Military Veteran Burial below for burial at sea information for veterans and active military.

Military Veteran Burial

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Whether or not a funeral director is involved, veterans can access their benefits and have a military burial of either a full body or of cremated remains. For burial in a military cemetery, typically veterans’ families are required to choose between either witnessed burial at the gravesite, or a short ceremony in a cemetery shelter. While funeral directors can coordinate this process, families can take the following steps on their own.
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​To arrange a military service:
  • Determine the veteran's status:
    • Do they have their DD 214 (Record of Military Service)?
    • If they do not, go to www.va.gov/records (look for a blue link to the SF 180). Print the blank form and fill it in. Make sure to put the name the veteran used while in the service in Section I #1 and clarify their current name in Section III.
  • If the veteran is still living, download the Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery and print out the blank form. Filing this form makes the funeral scheduling go more smoothly.
  • After the death: Call National Scheduling at 800-535-1117 to schedule the funeral. They will need the DD 214 scanned or faxed to them at 866-900-6417.  You can also get information at their website at NCA.Scheduling.
  • Learn more about what services are available by calling 1-800-535-1117 or go to their website Military Honors. (Funeral directors: call 1-877-645-4667)​
  • After the National Scheduling office does the scheduling, wait about 5-7 hours, then call the veteran's cemetery the family has chosen to ensure they have the Funeral Honors scheduled. You can search online for these cemeteries, such as:  “VA cemetery Roseburg” and all their info will pop up. It’s important to confirm the time/date and any policies they have, such as, “Who provides the flag?”

The above information is for an ordinary funeral (not Burial at Sea or high-ranking officers or Medal of Honors), which usually includes two personnel who will perform Taps and fold and present the flag to the designated recipient.

The US Navy will perform full-body or cremated remains burial at sea for active duty or honorably discharged military from any branch of the service at no charge. Family are not allowed to accompany the remains and cannot choose the location. The east coast ports of embarkation for this program are currently Norfolk, VA and Newport, RI. (See Navy Burial at Sea.)

To request a flag for burial, complete and submit the application found here: https://www.vba.va.gov/pubs/forms/vba-27-2008-are.pdf

Members of the military may name the person who will carry out their final wishes in the Record of Emergency Data provided by the Department of Defense.

Virginia National and State Veterans Cemeteries
Find a National Veterans cemetery in Virginia on this comprehensive list and map.
Find a State Veterans cemetery in Amelia, Suffolk, and Dublin, Virginia here.
​Find information about Veterans cemeteries here.

Body, Organ, and Tissue Donation

Full Body Donation
Donating bodies for medical research is arranged prior to death. To make arrangements, contact a reputable organization, as some receivers do not disclose the final use of the body and its parts. It can reportedly take up to 2 years for cremated remains to be returned to the family.

Organ and Tissue Donation
Organ and tissue donation is arranged prior to the death in most cases, although consent by presumption is also possible.  Typical organs and tissue include kidneys, heart, liver, pancreas, intestines, lungs, bones, bone marrow, skin, gums, and corneas. Arrange for the donation prior to death, and indicate your preference in your advance directives as part of your discussion with family and physician.

​Forensic Anthropology "Body Farms"
A body farm is a forensic anthropology research facility where decomposition can be studied in a variety of settings. Often re-enactments of unsolved deaths are staged to determine cause of death. They are also used to gain a better understanding of the decomposition process. Arrange for donation prior to death.

Questions to Consider
  • Who benefits from this donation?
  • Will the body be used to make a profit?
  • How much will whole body donation cost (specifically, what are the costs of transportation and cremation)?
  • Will I have the option of donating my corneas?
  • Will the body remain in the region of Virginia?
  • Will the cremated remains be returned to me following the donation process?​
  • Do you make available a complete listing of programs, companies, or institutions to which you supply tissues?

Request an Application or Learn More

Alkaline Hydrolysis

Alkaline hydrolysis is not yet legal for human use in Virginia. AH is a liquid process commonly used for animals and in medical settings that uses water and an alkali solution of potassium hydroxide to dissolve the body within several hours, leaving behind bone fragments and a sterile liquid. The bone fragments are typically ground to a powder similar to cremated remains. Interest is growing in this alternative to flame-based cremation because it uses significantly less fossil fuels, without significant harmful emissions, with a similar outcome. Along with the bone remains, the effluent must be disposed of safely. Also called aquamation, water cremation, biocremation, flameless cremation, and resomation. A specific silk shroud compatible with the process is used; families should discuss other desires regarding dressing and containment of the body. Pricing will vary depending on funeral home arrangements with the provider and their mark-up. (See Disposition of Cremated Remains above and our Create Ceremony and Go Out Greener pages for more on service and product options for the remains.)

Natural Organic Reduction, Mushroom Suits, and Other Alternate Concepts

To learn more about incomplete processes, watch Cremation Curious on Vimeo

Recomposition, Natural Organic Reduction, or Human Composting
Human composting is legal in Washington, Oregon, Colorado, Vermont, California (in 2027), and New York. It relies on natural processes that assist the body in decomposing aerobically and efficiently. The above ground process, sometimes called recomposition, requires state approval; natural burial is already legal in all states. The State of Washington Legislature passed legislation in the spring of 2019 to legalize the process, based on research conducted by Recompose innovator Katrina Spade with several research teams, including Dr. Lynn Carpenter Boggs, Professor of Sustainable and Organic Agriculture at Washington State University. Also in Washington State, Herland Forest Burial Ground has been engineering an above-ground composting system. The process, like cremation, is incomplete and will require disposal of 1-2 cubic yards of composted material per person. (Learn more at Recompose Return Home, and Herland Forest, and read about Recompose in this Harper's Magazine article, To Be a Field of Poppies by Lisa Wells and in this New York Times piece If You Want To Give Something Back to Nature, Give Your Body by Caitlyn Doughty dated December 6, 2022.)

Mushroom Suits, Egg-shaped Burial Vessels, and Freeze-Dried Corpses
The Mushroom Suit, also called the Infinity Suit, was a burial garment inoculated with mycelium intended to neutralize toxins in the body, potentially speeding up the natural process of body decomposition and enhancing the available nutrient output. However, there were concerns in the conservation community regarding necessity, viability, and scientific support of the theory it was based on that is also not in concert with the commitment to natural, unfettered, and unimpeded decomposition. To create an informed opinion about this former art project, we suggest viewing and reading the following: My Mushroom Burial Suit with Jae Rhim Lee, Why Mushroom Suits Won't Work by Dr. Billy Campbell, Eco-Friendly Mushrooms Are on the Rise by Tim and Sarah Crews. You can see an excellent summation in "Mushroom Burial Suit" Called Into Question by Diane Ionescu. After a failed field study, the Infinity Suit is no longer in production.

The egg-shaped urn for cremated remains is made of what has been described as "biodegradable plastic", and is meant to be interred in the ground and have a tree of your own choosing planted over it. Given what we know about the biodegradability and nutrient harvest capability of cremated remains, the chances that a tree will grow to maturity proximate to the capsule is unproven. According to the Capsula Mundi website, "Ashes will be held in small egg-shaped bio urns while bodies will be laid down in a fetal position in larger pods." The urn is for sale on the website; however, there does not appear to be a product available for full body burial at this time.

The concept of freeze-drying a body with nitrogen to be vibrated and scattered is reportedly not supported as physically possible by scientists. The Swedish company Promessa was liquidated in 2015 reportedly due to an inability to build a functioning facility or prove viability. The person who pioneered the concept died in 2020, but there is evidence that others are revitalizing these efforts.

Resources and Online Links