What This Statute Says
The article on unclaimed bodies is a default, not a mandate. This section carves out the situations where the default does not apply.
A. This article shall not apply:
1. To bodies of persons who have died with smallpox, diphtheria or scarlet fever.
2. If the deceased person during his last illness, without suggestion or solicitation, requested to be buried or cremated.
3. If within twenty-four hours after death or before actual delivery, whichever is longer, a person claiming to be and satisfying the officer in charge of the body that he is of kindred or is related by marriage to the deceased or a duly authorized representative thereof, shall claim the body for burial or cremation or request in writing that it be buried at public expense.
4. If within the time specified in paragraph 3 of this subsection a person claiming to be and satisfying the officer in charge of the body that he is a friend of the deceased, arranges to have the body properly buried or cremated without public expense.
Subsection B preserves the ability of any hospital, college, university, physician, surgeon, or dentist to receive a body by gift or otherwise for post-mortem examination, dissection, or other scientific use, separate from the unclaimed-bodies article.
When This Statute Comes Into Play
This is the section that protects families and individual wishes from the default rules. Three exits matter most:
- A deceased person who, during their last illness, asked to be buried or cremated. The wish controls and the article does not apply.
- A relative, spouse, or duly authorized representative steps forward within 24 hours to claim the body for burial or cremation, or to request a public burial in writing.
- A friend of the deceased arranges burial or cremation at private expense within the same window.
In each case, the body never enters the unclaimed-bodies pathway.
What This Means for Arizona Families
This statute is your friend. It is built around the assumption that family wishes, friend involvement, and prior expressions of the deceased's preference all override the default. The 24-hour window is real, but it is generous enough that any reasonably attentive family or trusted friend can meet it.
If you are worried about a loved one ending up in the unclaimed-bodies process, this section tells you what to do. Document their wishes during life. Stay in contact with anyone in their support network so that someone can step forward in time. Designate an agent under A.R.S. 36-831 with explicit authority over disposition. Our FAQ on documenting burial and cremation wishes in Arizona walks through the documents that lock these preferences in place. A clear signed statement attached to a healthcare directive combined with a willing relative or friend ready to make the call is enough to keep the default off the table in every realistic scenario.