Ashes of a deceased: Legal possibilities in France

Given that cremation is often done in a delayed manner, the urn containing the deceased's ashes may be handed over to the family the following day or in the days to come. It may be necessary to make an appointment with the crematorium for the urn to be handed over.

Regarding the final resting place of the deceased's ashes, French law is very strict and only allows the following possibilities.

Scattering of ashes in nature

The term "in nature" means that it is forbidden to scatter ashes near inhabited areas, but it is quite possible to do so in a forest, for example.

It is also possible to scatter ashes at sea if such was the deceased's wish. A minimum distance of 300 meters (approximately 984 feet) from the shore must be maintained. We offer a specific urn that dissolves in water to facilitate this process.

Furthermore, the location of the scattering must be reported to the town hall of the deceased's birthplace.

In the case of scattering ashes abroad, specific procedures for the destination country may be necessary.

Scattering of ashes in the crematorium's memorial garden

The memorial garden is the designated area for scattering ashes in a cemetery or near a crematorium. Each municipality with more than 2000 inhabitants has the obligation to provide one.

The scattering of ashes in a memorial garden is subject to the internal regulations of the cemetery or crematorium and, therefore, is usually carried out by the cemetery or crematorium staff.

As in the case of scattering in nature, it is necessary to inform the town hall of the deceased's birthplace. The aim is for the entire family to have the opportunity to gather and reflect at the scattering site.

Scattering or burial on private property

It is possible to scatter ashes on private property, but this imposes very strict conditions.

Obviously, the property owner must give their consent, but since the scattering has a perpetual nature, it is necessary to guarantee the family unrestricted access to the scattering site, even if the property is sold, which imposes a very strict constraint on the future owner.

For the burial of the urn on private property, prefectural authorization is required. And, similarly to scattering, a perpetual easement must be guaranteed, even in the event of a sale.

Interment of the urn in a columbarium niche

A columbarium is a section of the cemetery dedicated to the interment of urns. Buying a columbarium niche follows the same requirements as buying a burial plot, and its price varies depending on the desired duration of the concession.

The interment of an urn in a columbarium niche requires specific administrative procedures, as well as the intervention of a stonemason for opening and closing the niche.

Burial of the urn in a cavurn

A cavurn is a specific vault for urns, so it is much smaller.

Interment in a cavurn follows the same requirements as interment of the urn in a vault.

Burial of the urn in a vault

If you already own a family grave, you can decide to bury an urn there.

Even if your grave is full, you have the option to bury an urn in the "crawl space." The "crawl space" refers to the area between the highest coffin and the grave's slab.

As with a traditional burial, you must have the permission of all the entitled parties.

Sealing of the urn on a grave

If you already own a family grave, you can decide to seal an urn above the grave.

The urn must, of course, be made of granite or another material resistant to weather.

As with burial, you must have the permission of all the entitled parties to the grave.

Prohibitions

Since the "Sueur" law dating from 2008, it has been forbidden to keep an urn at home. However, it is tolerated to keep the urn at home while properly organizing the ashes' final destination.

It is also forbidden to share the ashes of the deceased. Since the "Sueur" law, the ashes of the deceased have the same legal consideration as the body of a deceased person, so it is not possible to separate them.

Transportation of the urn

Concerning the transportation of the urn, for example within the country, you can move freely with the urn. There are no specific precautions to take.

However, if you need to transport the urn abroad, you must obtain a laissez-passer from the prefecture and all documents required by the destination country. Additionally, the urn must be sealed.