When the ashes are lost, delayed, or may not be your loved one's

Families in this position want to know where their loved one is, and the truth. Florida law sets rules to keep track of cremated remains.

Call (305) 209-0384 Read the questions first ↓

Read the questions first

• How long should it take to get the ashes back?
• How would I know the ashes are not theirs?
• The funeral home says the crematory has them. Who is responsible?
• What if the ashes were disposed of as unclaimed?

Florida's rules for cremated remains

• Written authorization first. A cremation may not be performed until a legally authorized person gives written authorization. The person arranging the cremation signs a declaration of intent stating what will be done with the ashes, and the funeral or direct disposal establishment keeps it. The cremation must be performed within 48 hours after a time agreed to in writing (§ 497.607(1), Fla. Stat.).
• A tag on the cremation container. Before final disposition, the licensee in charge must place an identification tag on the body and on the cremation container (§ 497.171(1)(b)).
• Identification inside the urn. After cremation, proper identification must be placed in the container or urn holding the ashes (§ 497.171(1)(c)).
• A tracking system. Direct disposal establishments must keep a system that tracks the identity of remains from receipt until delivery to the authorized person, and must make those procedures available to the legally authorized person on request (§ 497.171(4)).

Florida also treats ashes differently from ordinary property. Cremated remains are not property for estate purposes and are not split up when an estate is divided. Dividing them requires the consent of the legally authorized person who approved the cremation, and disputes go to court (§ 497.607(2)).

What the law may provide

Florida lets any person bring a civil action against a licensee that violates Chapter 497, for actual damages and other relief (§ 497.169(1)). Depending on the facts, a family may also have claims for breach of the funeral contract, negligence, interference with a loved one's remains, or intentional infliction of emotional distress.

Your family's emotional harm matters. The Florida Supreme Court is now considering when Florida law allows recovery for emotional harm without a physical injury, and we will explain how the law stands for your situation. Whether the company was honest with you, or kept giving explanations that did not hold up, often matters a great deal.

What to keep and what to ask for

• The urn or container, sealed and untouched, with everything inside it and any tag.
• The contract, the cremation authorization, and your copy of the declaration of intent.
• Every text, email, and voicemail giving a location, a date, or an explanation.
• Shipping and tracking records, if the ashes were mailed.
• A written timeline: each call, who you spoke with, and what they said.
• A written request for the identification and tracking records and the crematory's records for your loved one.

The deadline

Two years. Florida law gives a negligence claim two years (§ 95.11(5)(a)). Some claims may carry a longer period, but no family should bet on that. We treat two years from the day it happened as the deadline in every case, and you should too. If you only just found out, call anyway: when the clock started is a question we answer case by case.

What to do first

Keep the urn sealed, save every message, and put your requests in writing. Before you file a state complaint or sign anything the company sends, talk with a lawyer. See What to do right now.

Questions families ask

How long should it take to get the ashes back?

Florida law requires the cremation itself to happen within 48 hours after a time agreed to in writing. The statute does not set a date for returning the ashes, so your contract and what you were told matter. Repeated delays with changing explanations are worth a call.

How would I know the ashes are not theirs?

Sometimes the identification inside the urn shows another name or is missing, the contents seem wrong, or the company's records do not match. Keep the urn exactly as it is. The paperwork usually answers the question, and forensic testing can help in some cases.

The funeral home says the crematory has them. Who is responsible?

Possibly both. Often a funeral home arranges the service and a separate crematory performs the cremation. Each has its own duties. Finding out which company had the ashes when things went wrong is the first job.

What if the ashes were disposed of as unclaimed?

Florida allows a funeral or direct disposal establishment to dispose of cremated remains that go unclaimed 90 days after cremation, in ways the law lists, after a reasonable effort to find out whether the decedent was an eligible veteran (§ 497.607(3)). If you were never told the ashes were ready, or you did try to claim them, call us.

Talk to Dennis

You deserve to know where your loved one is. When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.

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You can read about some of our past cases on our Results page.

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