10/29/2025
Here in New Jersey, if you’re planning ahead or helping with arrangements for a loved one, it’s helpful to know what the law says about how remains can be handled and who gets to decide.
You have several legal options: traditional burial in a cemetery, cremation, green burial and under very rare circumstances private-property burial.
• Cremation requires at least 24 hours after death before it can proceed, and only a licensed funeral director may lead the cremation process.
• After cremation you can keep the ashes at home, bury or place them in a niche, or scatter them (with appropriate permissions).
• If you want to make sure *your* wishes are honored (for burial type, location, scattering, etc.), you should appoint a “funeral agent” or make clear instructions, because otherwise the decision will default to the next of kin hierarchy (spouse → children → parents → siblings → etc.).
• Embalming is rarely required—but if the body isn’t buried or cremated within 48 hours, it must be either embalmed or refrigerated.
It’s a big topic, but talking about it ahead of time can relieve stress for family later, and help make sure a loved one is treated in a way that fits your values. At Smith Funeral Manor we are honored to serve our community, members. We take the time to carefully and patiently listen to your wishes and design your funeral arrangements exactly as you envision your celebration of life to be.
Give us a call to schedule an appointment today with one of our experienced funeral directors. We are here to serve!
