Funeral and cremation law in Wisconsin

Wisconsin does not allow cremation within 48 hours after the death, or after the death is discovered, unless the death was caused by a contagious or infectious disease. A cremation permit from the coroner or medical examiner is also required, and it is issued only after that official views the body and looks into the cause and manner of death.

Wis. Stat. § 979.10(1)(a)Read the statute · docs.legis.wisconsin.govchecked Oct 7, 2026

The person with the legal right to decide is not automatically the person who happens to be arranging the funeral. Wisconsin law sets a priority order for who controls final disposition, including its location, manner and conditions, starting with a representative the person named in a signed authorization for final disposition. Someone who does not act within 2 days after being told of the death loses the right, and so does a spouse in a pending divorce. Paying for the funeral or being the estate's personal representative does not by itself give anyone more say.

Wis. Stat. § 154.30(2), (3)Read the statute · docs.legis.wisconsin.govchecked Oct 7, 2026

An adult of sound mind in Wisconsin can sign an authorization for final disposition that names a representative and at least one successor to carry out their wishes about a viewing, services, and burial, cremation or body donation. The representatives must follow those directions unless they exceed what the estate can pay, are unlawful, or cannot realistically be done. A funeral director, crematory or cemetery serving the person cannot act as representative unless related.

Wis. Stat. § 154.30(8)Read the statute · docs.legis.wisconsin.govchecked Oct 7, 2026