Hawaii Disinterment Laws: How to Legally Move or Exhume Buried Remains

Disinterment — the removal of buried remains from their existing location — is one of the most procedurally careful actions a family can undertake after a death. Hawaii requires a formal permit for any exhumation, and the process involves the Department of Health, potentially the county medical examiner, and in some cases the probate court. Understanding when disinterment is legally permitted and how to pursue it correctly saves families from a process that is already difficult becoming a bureaucratic ordeal.

When Families Seek Disinterment

The most common reasons families pursue disinterment in Hawaii include:

• Relocating remains to be closer to family (particularly when the original burial was on a neighbor island and family has moved)
• Moving remains to a different cemetery or burial section
• Relocating remains from private property when the land is being sold
• Correcting an error in the original burial location or identity
• Legal investigations requiring examination of the body
• Fulfilling the decedent's expressed wish that was not honored at the original burial

The Disinterment Permit Requirement

Under Hawaii law, no burial may be disturbed without a disinterment permit issued by the Department of Health. This applies to both cemetery burials and private property burials. Attempting to disinter remains without a permit is a violation of state law.

The disinterment permit application is submitted to the Hawaii Department of Health's Vital Statistics Section. The application requires:

• The decedent's identifying information (name, date of death, location of burial)
• The purpose of the disinterment
• The proposed destination of the remains after removal
• The authorization of the person with legal authority to control disposition

The DOH reviews the application and may have additional requirements depending on the circumstances, including coordination with the medical examiner if the death was subject to prior investigation or if there is any question about cause of death.

Who Can Authorize Disinterment

The right to authorize disinterment follows the same priority hierarchy as the original right of disposition under HRS §531B-4:

1. The person named in a notarized HRS §531B-5 Written Instrument (if one existed at death and the designated agent is still available)
2. Surviving spouse or civil union partner
3. Majority of surviving adult children
4. Surviving parents
5. Majority of surviving siblings
6. Successive next of kin

If there is any family disagreement about whether to disinter, the dispute can be brought to the probate court in the county where the decedent resided, just as disputes over original disposition authority are handled.

Cemetery Agreements and Interment Rights

When remains are buried in a licensed cemetery, the cemetery typically has its own contractual terms governing disinterment. The family's interment rights — the legal right to the burial plot and the right to request disinterment — are governed by the cemetery contract and Hawaii Revised Statutes Chapter 441, which regulates cemetery authorities.

Before pursuing disinterment from a licensed cemetery, review the original cemetery contract. Some contracts include specific provisions about disinterment fees, required notice periods, and consent requirements. The cemetery authority may charge a fee for disinterment services — this is separate from any DOH permit fees.

If you believe a cemetery is unreasonably refusing or obstructing a legitimate disinterment request, a complaint can be filed with the DCCA's Regulated Industries Complaints Office (RICO), which has jurisdiction over cemetery authorities.

Disinterment for Legal Purposes

In cases where law enforcement or a court orders exhumation as part of a criminal investigation or legal proceeding, the disinterment is authorized by the order itself. Family consent is not required when disinterment is court-ordered.

The medical examiner or coroner may also order exhumation if new information raises questions about the cause of death in a case that was previously closed. In these circumstances, the DOH and medical examiner coordinate the process.

Moving Remains Between Islands

If disinterment is sought for the purpose of reinterring the remains on a different Hawaiian island — a common request when families relocate — the process involves both a disinterment permit and a new burial-transit permit for the transport. The same permit requirements that apply to any transport of human remains apply here.

Cremated remains that were returned to the family after cremation and then held by the family (not yet buried) do not require a disinterment permit — that permit applies specifically to remains that have been interred in the ground or in a mausoleum.

Timeline and Practical Considerations

Disinterment is not a fast process. The DOH permit review, coordination with the cemetery, and scheduling the physical work require weeks of lead time in most cases. If disinterment is being pursued for a specific purpose with a time-sensitive deadline (such as a property sale), begin the process well in advance.

The physical disinterment work is typically performed by cemetery or mortuary professionals rather than by the family. Costs vary depending on the depth of burial, the presence of a vault, and the cemetery's own schedule and fees.

Private Property Disinterment

For remains buried on private property, the same DOH permit is required. There is no cemetery authority involved in the administrative sense, but the DOH will still require the application and approval before any removal. The family or a licensed professional performs the physical work, and the remains must be reinterred in a licensed cemetery or otherwise disposed of in compliance with state law (cremation is a common next step after private property disinterment).

If you are handling a private property burial and facing either an impending property sale or a need to relocate remains, the legal and logistical process is outlined in the Hawaii Funeral Laws and Consumer Rights Guide, along with the relevant DOH contacts and the permit documentation requirements.

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