Nationwide, a little over 30% of all deaths result in cremation. That figure has risen steadily in recent years, and is projected to reach 50% before the year 2025. Arizona statistics, however, are quite different; about 60% of decedents were cremated last year, and even that number continues to rise. Arizona, incidentally, is fifth among states for cremation rates; higher percentages are cremated in Hawai’i, Nevada, Oregon and Washington.

Despite cremation becoming the norm rather than the exception, it can be difficult to assure that a preference for cremation is carried out. Alarmed about the possibility of lawsuits—even if unsuccessful—funeral homes often insist on securing signatures from every immediate family member before carrying out cremation directions. Nothing in Arizona law requires such a thing, but it sometimes becomes a practical necessity.

Arizona law does direct that the decedent’s wishes should be followed, to the extent that they are known. An exception is provided if the decedent’s wishes are unreasonable, or “impose an economic or emotional hardship” (Arizona Revised Statutes §36-831.01), though the law does not identify what constitutes a hardship.

Arizona statutes also permit a signed, dated and witnessed document to spell out your wishes (Arizona Revised Statutes §32-1365.01). The directive may but need not be a part of your will. To make it easier for you to express your preference for cremation we have prepared a sample "Cremation Directive" and made it available online. You can print it out, complete the information (including your name and address and any instructions you wish to add regarding disposition of your ashes) and have it witnessed and/or notarized. Note that our form provides for both a witness and notarization; the statute requires that one or the other be included, but does not mandate both. If you do not live in Arizona your state may have a similar statutory provision, but you should not rely on our Arizona-specific form.

What else can you do to increase the likelihood that your preference for cremation will be carried out? First and foremost, you should discuss the issue with your family. Do not assume that they know your wishes, or that they will follow them. A direct discussion should include not only the family members you expect to agree with your instructions but also any who you anticipate might disapprove. When they need to be persuaded later, by definition you won’t be available for the job.

You can also make the arrangements for your funeral and burial with a funeral home, and even pay for them. Both steps will help assure that your wishes will be followed, and will also provide comfort and assurance to your family when the time comes. If you feel strongly about cremation, you might want to consider a pre-planned arrangement like those provided through the Funeral Consumers Alliance; the Southern Arizona chapter of the FCA has arranged low-cost cremation options for its members. 

By now are you wondering what states have the lowest cremation rates? You might be surprised to learn that Tennessee is consistently at the bottom of the cremation statistics, with only about 10% of deaths resulting in cremation. Eight or nine of the ten states with the lowest cremation rates are in the south (depending on the year). North Dakota and New Jersey sometimes slip into the bottom ten. Conversely, Maine is the only non-western state to appear in the top ten.

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