Can i be buried on my property in arkansas

4 FAQ About Arkansas Burial & Cremation Laws

By McGee Monument Co., Inc

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The days following a loved one’s death are often overwhelming. By understanding the rules and expectations of burials and cremations in Arkansas, you can plan a funeral and memorial with less stress. To help you during this challenging time, here’s a breakdown of a few of the questions grieving families often have about the funeral process.

A Guide to Burials & Funerals in Arkansas

Where can I bury my loved one?

If your family has a burial plot outside of an established cemetery, you may be able to bury your loved one there if you register the plot with the county clerk. You can register plots that contain fewer than six grave markers and haven’t been used in the past 25 years.

Do I have to buy a casket?

They are not necessary for cremations, but cemeteries typically require bodies to be buried in caskets. However, Arkansas law does not specifically require this, so talk to the cemetery to determine site-specific regulations.

Note that the law permits families to build their own caskets.

Is embalming required?

Embalming is recommended to preserve the body, but required only under certain circumstances. Arkansas law requires you to have the body embalmed if it’s being transported via plane or train, if the burial is more than 24 hours after death, or if cremation is more than 48 hours after death.

If my loved one chose cremation, where can I scatter the ashes?

Some cemeteries have scattering gardens, which allow you to scatter ashes close to the memorials.

In Arkansas, you are free to scatter ashes on private land with the owner’s permission, but you need permits to do this on public or federal property. If you want your loved one’s final resting place to be a body of water, like the Arkansas River, contact the Environmental Protection Agency (EPA) to obtain a Marine Protection, Research and Sanctuaries Act (MPRSA) general permit.


If you have lost a loved one, celebrate their memory for decades to come with thoughtful memorials designed by McGee Monument. They serve the Conway, Russellville, Atkins, Dardanelle, and Danville areas of Arkansas. They offer single or double markers for family members, as well as vases for cremated remains. They have more than a century of experience serving the community. Call (800) 750-0177 to design a custom memorial, or view images of their projects on their website.