What This Statute Says
When a body falls to public burial, the law mandates fast notice and free transfer.
Every public officer, agent and servant of the state, and every county, city, town and public institution supported in whole or in part at public expense, having in his or its possession a dead human body for burial at public expense, shall notify the department within twenty-four hours after obtaining the body, and, upon instruction from the department, to deliver such body without fee or reward to the institution or person designated by the department.
A.R.S. § 36-804The deadline is 24 hours, and the delivery is at no charge. The receiving institution or person is chosen by the department under section 36-807.
When This Statute Comes Into Play
The statute applies in narrow but real situations:
- A homeless person dies and no relative or friend claims the body within the time limit in section 36-806.
- An institutionalized person dies without a known family.
- An out-of-state visitor dies in Arizona and the body cannot be returned within the time window.
The article moves the body into an authorized educational, medical, or other use rather than a default county burial.
What This Means for Arizona Families
For most Arizona families, this statute will never apply. It exists for the edge case where no one steps forward. The 24-hour clock keeps the process moving and protects the dignity of the deceased by ensuring rapid, lawful handling.
The family-planning takeaway is to ensure your loved ones know your wishes and that someone, whether a spouse, child, or designated personal representative, is positioned to step in. The order of priority in section 36-831 governs who has the duty. As long as someone in that hierarchy is willing and able, the article on unclaimed bodies stays off the table. Our FAQ on pre-paying funeral expenses covers a practical approach for families who want to remove the financial question from the conversation in advance.