Beyond The Grave: Legal Insights Into Your Final Wishes (Part 2)

Introduction

Deciding what happens to your remains is one of the most personal choices you will ever make, and it goes far beyond the traditional cemetery plot. In Part 1 of Beyond The Grave: Legal Insights Into Your Final Wishes, we explored who has the legal authority to control a decedent’s remains in Oklahoma and a portion of the statutory framework that governs that authority.

Equally important is determining how your remains — or those of a loved one — will be handled. In Oklahoma, several lawful options exist, including traditional burial, cremation, and natural or “green” burials. Each option carries its own legal requirements, practical considerations, and costs, and many people are unaware of the full range of alternatives beyond the typical cemetery plot. This installment of Beyond The Grave is designed to help individuals and families explore these options so they can make informed choices that reflect personal values, cultural or religious preferences, and the decedent’s wishes. By understanding both the legal rules and the possibilities available, individuals can make empowered decisions that honor life, preserve dignity, and ensure a meaningful final arrangement.

Methods of Final Disposition

Traditional Burial

Traditional burial is the practice of placing the deceased in a casket and interring it in a cemetery plot. In some cases, a concrete vault may be used to protect the casket from the elements, though vaults are not legally required in all cemeteries. This method has been the most common form of disposition for centuries and is deeply tied to cultural, religious, and family traditions. In Oklahoma, nearly all cemeteries offer traditional burial.

Many people choose traditional burial for the permanence and structure it provides. A gravesite offers a physical location for loved ones to visit, reflect, and honor the deceased, while also allowing families to continue a lineage of burial plots for generations. For those with religious or cultural traditions emphasizing burial rituals, this method allows for the observance of ceremonies and practices that can provide emotional comfort and a sense of closure. While traditional burial can have a larger environmental footprint due to casket materials, concrete vaults, and embalming fluids, it remains the preferred option for many seeking formality and permanence.

Cremation

Cremation involves the reduction of a human body to ashes through high-temperature flame with the resulting remains often placed in an urn. Cremains may then be kept, scattered, or interred in a cemetery plot or columbarium niche (i.e., an individual compartment or recess within a structure that holds cremated remains). This disposition option is widely available across Oklahoma.

People often choose cremation for its flexibility and lower cost compared to traditional burial. Cremation allows for delayed memorial services, transport of remains over long distances, or scattering in a location that held significance to the deceased. It also accommodates smaller or more intimate memorial gatherings and can align with personal or religious beliefs that favor simplicity. From an environmental perspective, cremation uses less resources than traditional burials, although it does produce greenhouse gases. Modern crematories are increasingly adopting efficient technologies to reduce emissions.

Entombment

Entombment involves placing a casket or urn within a mausoleum or above-ground crypt, offering an alternative to traditional ground burial. This method provides protection from the elements and often conveys a sense of permanence and reverence, making it a popular choice for families seeking a more formal or architectural setting for their loved one’s final resting place.

Entombment appeals to those who value durability, security, and legacy. The above-ground structure protects the remains from environmental elements while offering a dignified, easily accessible space for loved ones to visit and reflect. Many families choose entombment because it allows multiple generations to be laid to rest together in a shared crypt, fostering a sense of continuity and connection. While mausoleums require an initial investment in construction and design, they generally demand less long-term maintenance than traditional burial grounds and provide a lasting, peaceful space for remembrance.

Green Burial

Green burial, or natural burial, involves placing the body in a biodegradable container or shroud without embalming chemicals, metal caskets, or concrete vaults, allowing the body to naturally decompose. Green burial is legal in Oklahoma, with cemeteries such as Green Haven Cemetery in Stillwater providing this eco-friendly option.

Green burials are chosen by those who wish to minimize environmental impact and return their remains to the earth naturally. By avoiding embalming fluids and non-biodegradable materials, green burials conserve natural resources and reduce carbon emissions. For instance, compared to a traditional burial, which can release approximately 250 pounds of carbon into the environment, green burial can sequester carbon over time and reduce environmental impact significantly. This method also resonates with individuals seeking simplicity, sustainability, and alignment with conservation values.

Alkaline Hydrolysis (Water Cremation)

Alkaline hydrolysis, also called water cremation or aquamation, uses water, heat, and an alkaline solution to accelerate natural decomposition, reducing the body to bone fragments. Licensed facilities in Oklahoma, such as McElyea and Owens Funeral Group in Shawnee, provide this legal and environmentally conscious alternative to flame-based cremation.

This method is chosen for its lower energy use, reduced greenhouse gas emissions, and overall smaller environmental footprint compared to traditional cremation. Alkaline hydrolysis consumes about one-eighth the energy of flame cremation and avoids mercury pollution from dental fillings. Beyond environmental benefits, it appeals to individuals seeking a gentler, more natural process while still achieving cremation’s flexibility in memorialization and final disposition.

Donation to Science

Donating one’s body to science involves bequeathing the body to medical schools or research institutions for education, research, and training. In Oklahoma, programs accepting body donations include the University of Oklahoma College of Medicine, the Oklahoma State University Body Donor Program, and other private organizations. Donated bodies are used for medical training, research, and sometimes anatomical study before being cremated or otherwise returned according to program policy.

Individuals may choose body donation to contribute to medical education and research, leaving a meaningful legacy while often relieving their families of funeral costs. Environmentally, body donation avoids embalming chemicals, caskets, and vaults, reducing resource consumption. It also aligns with values of service, scientific advancement, and public good, allowing the donor to have a lasting impact on healthcare and education.

Conclusion

Understanding the full range of disposition options in Oklahoma empowers individuals and families to make thoughtful, informed decisions about the handling of human remains. Whether choosing traditional burial for its permanence and ritual significance, cremation for flexibility and cost-effectiveness, entombment for security and above-ground memorialization, green burial for its environmental sustainability, alkaline hydrolysis for a low-impact and innovative alternative, or donation to science to leave a meaningful legacy, each option carries distinct legal, practical, and personal considerations.

By exploring these methods, individuals can select an approach that aligns with their values, cultural or religious beliefs, and environmental priorities. Oklahoma law provides the framework to ensure that these choices are carried out respectfully and legally, but the ultimate decision rests with the person planning ahead — or, when necessary, with those legally entitled to make those choices on their behalf. By understanding the possibilities and the legal context surrounding them, families can approach end-of-life planning with clarity, confidence, and a sense of control, ensuring that final arrangements honor the deceased while reflecting their unique wishes and legacy.

In the next installment of Beyond The Grave: Legal Insights Into Your Final Wishes, we will explore the practical steps and best practices for families navigating end-of-life arrangements. From coordinating with funeral homes to understanding legal requirements and managing family dynamics, this installment will provide guidance to help individuals and loved ones carry out final wishes respectfully and with care.