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Texas law prohibits cremating any dead human body within 48 hours after death. A body cannot be cremated immediately following death without a waiver, only the County Medical Examiner or a Justice of the Peace may waive this time requirement. After the mandatory waiting period, the cremation can be performed.
The person who has the right to control the disposition of the body must sign a written authorization before the cremation. Along with the authorization is a Goods & Services agreement detailing the costs for the cremation, for disposition of the cremated remains, and for any other services desired.
For a cremation to occur, a minimum of 24 hours must elapse after the death. During this time, the family is required to record the death before final disposition of the body. The selected funeral home or crematory staff will help you secure a death certificate and collect the necessary information.
B. A crematory authority shall have authority to cremate human remains when they are delivered by the funeral establishment and upon receipt of all of the following: (1)(a) A cremation authorization form signed by an authorizing agent.
A legal representative appointed by the deceased to have the right of disposition. The deceased person's surviving spouse. The sole surviving child of the deceased person, or if there's more than one surviving child, all of the surviving children collectively. The deceased person's surviving parent or parents.