Each crematory shall follow the directives in the authorization to cremate form regarding the disposition of the cremated remains.

If the cremated remains are not claimed and if no other arrangements have been made within sixty days after the date of the cremation, the crematory or a funeral home may dispose of the remains by:

Terms Used In South Dakota Codified Laws 34-26A-24.1

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(1) Placing the remains in a grave, crypt, niche; or

(2) Scattering the remains in any manner and in any place not otherwise prohibited by law.

Any reasonable costs incurred by a crematory or a funeral home in disposing of unclaimed cremated remains, in accordance with this section, are the responsibility of the person who signed the authorization to cremate form or the person having the right to control the disposition.

Source: SL 2023, ch 129, § 23.