Not taking new clients until late October 2026Mon–Fri 8a–6p67 FL counties
Florida Bar member · 9 years
probate.helpEST · SARASOTA · FLprobate.helpEST · SARASOTA · FL
Office line · current clients
941 · 352 · 1006
Text usJoin the waitlist
← All statutes
Chapter 406 — Medical Examiners & Unclaimed Remains

Florida Statute 406.52

“Retention of human remains before use; claim after delivery to anatomical board; procedures for unclaimed remains of indigent persons”

What it means

Florida Statute 406.52 sets rules for remains after they reach the anatomical board. The board must keep all human remains it receives in storage for at least 48 hours before allowing their use for medical education or research. Remains may be embalmed when received, and the board may, for any reason, refuse to accept unclaimed remains or the remains of an indigent person.

At any time before use for medical education or research, a legally authorized person may claim remains delivered to the board. The board must release them after payment of its expenses for transporting, embalming, and storing the remains. A board of county commissioners may by resolution or ordinance prescribe policies and procedures for burial or cremation of the entire unclaimed remains of an indigent person who died, or was found, in the county. A person licensed under chapter 497 is not liable for damages from cremating or burying such remains at the written direction of the board of county commissioners or its designee.

— What it says
  • The board must keep remains in storage at least 48 hours before allowing use for medical education or research (§ 406.52(1)).
  • The board may refuse to accept unclaimed remains or the remains of an indigent person for any reason (§ 406.52(1)).
  • A legally authorized person may claim remains at any time before their use for medical education or research (§ 406.52(2)).
  • Release follows payment of the board's expenses for transporting, embalming, and storing the remains (§ 406.52(2)).
  • A board of county commissioners may adopt policies for burial or cremation of an indigent person's unclaimed remains (§ 406.52(3)(a)).
  • A chapter 497 licensee acting on the board's or its designee's written direction is not liable for damages from the cremation or burial (§ 406.52(3)(b)).

Text of the statute (2026)

§ 406.52
(1) The anatomical board shall keep in storage all human remains that it receives for at least 48 hours before allowing their use for medical education or research. Human remains may be embalmed when received. The anatomical board may, for any reason, refuse to accept unclaimed remains or the remains of an indigent person. (2) At any time before their use for medical education or research, human remains delivered to the anatomical board may be claimed by a legally authorized person. The anatomical board shall release the remains to the legally authorized person after payment of the anatomical board’s expenses incurred for transporting, embalming, and storing the remains. (3)(a) A board of county commissioners may by resolution or ordinance, in accordance with applicable laws and rules, prescribe policies and procedures for the burial or cremation of the entire unclaimed remains of an indigent person whose death occurred, or whose remains were found, in the county. (b) A person licensed under chapter 497 is not liable for any damages resulting from cremating or burying such human remains at the written direction of the board of county commissioners or its designee.

Excerpts are the subsections the summary relies on. Read the full official text of § 406.52.

History. s. 8, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 1, ch. 72-40; s. 1, ch. 77-174; s. 2, ch. 91-168; s. 2, ch. 96-251; s. 12, ch. 98-268; s. 142, ch. 2004-301; s. 8, ch. 2013-138.

— In a Florida probate

How it applies

The claim right in subsection (2) has no fixed deadline. Its stated endpoint is the use of the remains for medical education or research, and release depends on payment of the board's transporting, embalming, and storage expenses.

The 48-hour storage period in subsection (1) applies before any use. The section does not say how a claim must be made. Who counts as a legally authorized person is defined in § 497.005.

Where this shows up

Pages on this site where § 406.52 does real work:

Questions people ask

Can a family get a body back from the Florida anatomical board?
A legally authorized person may claim remains at any time before their use for medical education or research. The board must release them after payment of its expenses for transporting, embalming, and storing the remains, and it must hold remains at least 48 hours before use (§ 406.52(1)-(2)).

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 § 406.52

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

Intake paused · reopens late October 2026

You're going to get through this.

Rachel is not accepting new clients until late October 2026. Every guide, calculator, county page, and statute page here stays free. Leave your details and we'll call when intake reopens — or, if your matter can't wait, The Florida Bar Lawyer Referral Service refers you to another Florida attorney taking cases now.

Florida Bar #127500RPPTL SectionSarasota Bar AssociationFL Assoc. Women Lawyers