What Happens to an Unclaimed Body?

Most people never think about what happens when nobody comes for a body, but it happens in every state. This guide explains how the process generally works, what the law requires of the authorities, and what you can do if you learn that a relative’s remains are unclaimed. Practices vary a great deal by state and county, so use this as a framework and ask the medical examiner or coroner for your local rules.

What does “unclaimed” mean?

A body is generally called unclaimed when no relative or other authorized person comes forward to take responsibility for burial or cremation, even after the authorities have tried to find them. It can mean that no family could be found, that family was found but declined, or that the person could not be identified. Identification comes first, because a person who has not been identified cannot have next of kin notified.

Who looks for the family, and how?

The medical examiner or coroner, or sometimes a county office working with them. State laws generally require reasonable efforts. Florida’s Attorney General, in an opinion about unclaimed bodies, described the standard as a reasonable effort to contact next of kin. Offices use records, phone calls, social media, and published notices. A Pennsylvania coroner’s solicitor described publishing notices seeking next of kin before any cremation at public expense. Many offices also use NamUs, a federal database run by the National Institute of Justice that holds records for missing, unidentified, and unclaimed persons and helps medical examiners and coroners locate next of kin. It is the only national database of its kind that allows limited access to the public.

How long does the office hold the body?

It varies from days to more than a year. Tennessee’s county law summary says a body is held for 96 hours after a relative is notified, then the chief medical examiner is told, and if the examiner does not claim it within 72 hours it is buried or cremated. Philadelphia has kept unclaimed bodies for up to three months, while Burlington County, New Jersey, reportedly has no timetable. In Snohomish County, Washington, remains cremated at county expense are held for a year and a day while the office keeps trying to find next of kin. Ask the office in the county where the death occurred for its current hold time.

What happens after that?

The county arranges burial or cremation at public expense. Counties are typically authorized to spend money for the burial or cremation of a person who left nothing to pay for it, as Tennessee’s law summary says. The remains may be buried in a county cemetery or, after cremation, held in storage and then interred in a common grave. In some states the law also allows unclaimed bodies to be used for medical education; the Florida opinion notes that provision. When the county becomes responsible, the public official arranging disposition controls the location and manner, as Tennessee’s law summary states, so families who arrive late have little say.

Do I have to claim the body?

Coroners and medical examiners told the Philadelphia Inquirer that family is generally under no legal obligation to claim the dead. When relatives refuse, they are often asked to authorize a county cremation or burial and to waive future claims to the remains. Think carefully before signing, because waiving claims usually cannot be undone. Rules differ, so ask the office what you would be signing, and read Right of Disposition Explained and Handling Debts After a Death first. If the person was someone you were estranged from, When Someone You Were Estranged From Dies may help you think it through. If you are unsure of your obligations, talk to a local attorney or legal aid office.

What if I find out a relative’s body is unclaimed?

Contact the medical examiner or coroner in the county where the person died, and ask three things: how long they will hold the remains, what they need from you to release them, and what it will cost. If you cannot afford a funeral, many counties run burial assistance; see County and Indigent Burial. If remains were already cremated, some offices have asked later-arriving family to pay a reduced cremation rate, as Bucks County, Pennsylvania, does. Acting quickly matters, because holding periods can be short.