Affidavit as to Cremation of Remains
What is this form?
The Affidavit as to Cremation of Remains is a legal document used to confirm the wishes and arrangements for the cremation of a deceased individual. It serves as a sworn statement made by an authorized individual, known as the affiant, who takes an oath affirming that the information provided is true. This form is essential in cases where the deceasedâs wishes regarding cremation are not explicitly documented, ensuring that the cremation process can proceed legally and in accordance with the signatory's responsibilities.
What’s included in this form
- Name and relationship of the affiant to the deceased.
- Name of the deceased, including place and date of death.
- Declaration of whether the deceased wished to be cremated.
- Assumption of responsibility for the cremation.
- Authorization for the funeral director to arrange the cremation.
Legal requirements by state
This form is a general template that may be used in several states. Because requirements differ, review your state’s laws and adjust the document before using it.
When this form is needed
You should use this affidavit when you need to verify or clarify the cremation wishes of a deceased person. It is especially important if there is no will or written documentation expressing the person's preferences regarding cremation. This form can also be used when the family or relatives wish to ensure legal compliance for the cremation process while stating their responsibility and authority over the arrangements.
Who can use this document
This form is intended for:
- Family members or close relatives of the deceased.
- Individuals responsible for managing the deceased's final arrangements.
- Funeral directors who need authorization from a family member for cremation.
Instructions for completing this form
- Identify yourself as the affiant and provide your relationship to the deceased.
- Enter the name of the deceased, along with the place and date of their death.
- State whether the deceased expressed a wish for cremation.
- Assume responsibility for the cremation process and provide the licensed funeral director's name.
- Sign the affidavit in front of a notary public to affirm the truth of the statement.
Does this form need to be notarized?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Avoid these common issues
- Failing to accurately state the relationship to the deceased.
- Not providing complete details about the deceased's death.
- Omitting the specific wishes of the deceased regarding cremation.
- Forgetting to have the document notarized, if required.
Benefits of completing this form online
- Convenience of downloading forms anytime, anywhere.
- Editable templates that can be customized to fit your needs.
- Reliable resources created by licensed attorneys to ensure legal compliance.
Form popularity
FAQ
How is the body prepared for cremation? Usually, the body is bathed, cleaned, and dressed before identification. There is no embalming unless you have a public viewing or you request it. Next, the technician removes jewelry or other items that you would like to keep.
When someone dies, they don't feel things anymore, so they don't feel any pain at all. If they ask what cremation means, you can explain that they are put in a very warm room where their body is turned into soft ashesand again, emphasize that it is a peaceful, painless process.
Before a cremation takes place, law-abiding funeral homes require positive identification of a deceased body. This means you or a trusted family member or friend must give the funeral home consent that the body shown is, in fact, your loved one.
There are no state laws in West Virginia prohibiting home burial, but local governments may have rules governing private burials. Before burying a body on private property or establishing a family cemetery, you should check with the county or town clerk for any zoning laws you must follow.
You don't get ash back. Once you burn off all the water, soft tissue, organs, skin, hair, cremation container/casket, etc., what you're left with is bone.
"Would you please stand for the committal". To everything there is a season and a time to every purpose on earth, a time to be born and a time to die. Here in this last act, in sorrow but without fear, in love and appreciation, we commit (deceased's name) to it's natural end.
The truth is that you cannot be present during a Direct Cremation.Once the Cremation is completed, your loved one's ashes will be returned to you. While some traditional funeral homes allow families to be present in the room during a loved one's cremation, it is not possible to attend a Direct Cremation.
It is possible to conduct a basic cremation (a cremation without any services) for just $1,125. However, you will find that the average cost of a direct cremation in West Virginia is nearer to $2,400. A direct cremation is the cheapest means to conduct a funeral disposition.
Laws governing cremation in West Virginia A body can only be cremated if the legal next of kin has signed a 'Cremation Authorization Form'. This form can be signed and self-authorized if you are preplanning a cremation.
