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Chapter 406 — Medical Examiners & Unclaimed Remains

Florida Statute 406.50

“Unclaimed remains; disposition, procedure”

What it means

When a person or entity comes into possession, charge, or control of unclaimed remains that must be buried or cremated at public expense, Florida Statute 406.50 requires immediate notice to the anatomical board. Five exceptions apply: the remains are decomposed or mutilated by wounds, an autopsy is performed, the remains contain a contagious disease, a legally authorized person objects to use for medical education or research, or the deceased was a veteran eligible for burial in a national cemetery (or the spouse or dependent child of such a veteran).

Before final disposition, the person or entity in control must make a reasonable effort to identify the deceased, contact relatives, and determine eligibility for national-cemetery burial under 38 C.F.R. s. 38.620; if eligible, the remains or cremated remains are delivered to a national cemetery. Unclaimed remains go to the anatomical board as soon as possible after death. Remains of a person whose identity is not known may not be cremated, donated as an anatomical gift, buried at sea, or removed from the state. If the board does not accept the remains, the board of county commissioners or its designated department may authorize and arrange burial or cremation. The part does not affect a medical examiner's right to hold remains for investigating cause of death or a court's power to enter an order affecting disposition (§ 406.50(6)).

— What it says
  • A person or entity in control of unclaimed remains needing public-expense burial or cremation must immediately notify the anatomical board, unless one of five exceptions applies (§ 406.50(1)(a)-(e)).
  • A “reasonable effort” includes contacting the National Cemetery Scheduling Office, the county veterans service office, or the regional office of the U.S. Department of Veterans Affairs (§ 406.50(2)).
  • Unclaimed remains go to the board as soon as possible after death (§ 406.50(3)).
  • With no family available, a chapter 497 funeral director may act for the legally authorized person and, after 24 hours, authorize arterial embalming (§ 406.50(3)).
  • Remains of a person whose identity is not known may not be cremated, donated as an anatomical gift, buried at sea, or removed from the state (§ 406.50(4)).
  • If the board does not accept the remains, the board of county commissioners or its designated department may authorize and arrange burial or cremation of the entire remains (§ 406.50(5)).

Text of the statute (2026)

§ 406.50(1)
(1) A person or entity that comes into possession, charge, or control of unclaimed remains that are required to be buried or cremated at public expense shall immediately notify the anatomical board, unless: (a) The unclaimed remains are decomposed or mutilated by wounds; (b) An autopsy is performed on the remains; (c) The remains contain a contagious disease; (d) A legally authorized person objects to use of the remains for medical education or research; or (e) The deceased person was a veteran of the United States Armed Forces, United States Reserve Forces, or National Guard and is eligible for burial in a national cemetery or was the spouse or dependent child of a veteran eligible for burial in a national cemetery.
§ 406.50(2)
(2) Before the final disposition of unclaimed remains, the person or entity in charge or control of the remains shall make a reasonable effort to: (a) Determine the identity of the deceased person and contact any relatives of the deceased person. (b) Determine whether the deceased person is eligible under 38 C.F.R. s. 38.620 for burial in a national cemetery as a veteran of the armed forces and, if eligible, to cause the deceased person’s remains or cremated remains to be delivered to a national cemetery. For purposes of this subsection, “a reasonable effort” includes contacting the National Cemetery Scheduling Office, the county veterans service office, or the regional office of the United States Department of Veterans Affairs.
§ 406.50(4)
(4) The remains of a deceased person whose identity is not known may not be cremated, donated as an anatomical gift, buried at sea, or removed from the state.
§ 406.50(5)
(5) If the anatomical board does not accept the unclaimed remains, the board of county commissioners or its designated county department of the county in which the death occurred or the remains were found may authorize and arrange for the burial or cremation of the entire remains. A board of county commissioners may by resolution or ordinance, in accordance with applicable laws and rules, prescribe policies and procedures for final disposition of unclaimed remains.

Excerpts are the subsections the summary relies on. Read the full official text of § 406.50.

History. s. 6, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 22, ch. 73-334; s. 1, ch. 91-168; s. 1, ch. 96-251; s. 1, ch. 2002-204; s. 141, ch. 2004-301; s. 6, ch. 2013-138.

— In a Florida probate

How it applies

Unclaimed remains are not necessarily unidentified. Under § 406.49(8), remains are unclaimed when no legally authorized person claims them for final disposition at that person's expense, so an identified decedent with known relatives can be unclaimed.

The statute then runs in order: notice to the anatomical board unless an exception applies, a reasonable effort to identify the deceased and check veteran eligibility, and, if the board declines, county-arranged burial or cremation. Each board of county commissioners may set its own policies and procedures under subsection (5).

Where this shows up

Pages on this site where § 406.50 does real work:

Questions people ask

What happens to a body no one claims in Florida?
The person or entity in control of unclaimed remains needing public-expense disposition must immediately notify the anatomical board, unless an exception applies (§ 406.50(1)). Before final disposition, it must make a reasonable effort to identify the deceased, contact relatives, and check national-cemetery eligibility (§ 406.50(2)). If the board does not accept the remains, the county commission or its designated department may arrange burial or cremation (§ 406.50(5)).
Can unidentified remains be cremated in Florida?
No. Section 406.50(4) provides that the remains of a deceased person whose identity is not known may not be cremated, donated as an anatomical gift, buried at sea, or removed from the state.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 406.50

Published by the Probate.Help editorial team.How these pages are written and checked.

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