Nearly 60 percent of Americans who died in 2023 were cremated, according to the National Funeral Directors Association — a figure that has more than doubled in just two decades. Yet despite cremation becoming the majority choice, we still sit with families every week who are genuinely unsure what either cremation or burial actually involves, what the law requires them to purchase, and what a “permanent resting place” even means in practice. If you are in that position right now, this article is for you.

We want to cut through the industry language and give you a clear, honest picture of both options — including the rights you already have and may not know about.

Simple Cremation vs. Traditional Burial: The Real Difference

At its heart, the choice between cremation and burial comes down to what happens to the body and where it ultimately rests. Everything else — the service, the gathering, the memorial — can be shaped around either option.

Simple (Direct) Cremation

A direct cremation means the body is transported directly from the place of death to the crematory, without a formal viewing or funeral service beforehand. It is the most straightforward option we offer, and for many families it is exactly the right fit — either because their loved one wished for simplicity, or because they plan to hold a separate, deeply personal celebration of life on their own timeline.

What you receive are the cremated remains, typically within a few days. Families then decide how to proceed: keeping the ashes at home, burying them in a cemetery, scattering them in a meaningful place (subject to local regulations), or dividing them among family members in small keepsake urns.

Traditional Burial

A traditional burial involves preparation of the body — which may include embalming, though we’ll address that myth in a moment — followed by a visitation or funeral service and interment in a cemetery. A burial plot, a vault or grave liner (required by most cemeteries, though not by law), and a grave marker are all separate expenses beyond the funeral home’s fees.

Traditional burial tends to provide a fixed, physical place for families to visit and grieve over time. For many people, that continuity matters deeply.

What “Permanent Resting Place” Actually Means

This phrase sounds more straightforward than it is. With burial, a permanent resting place typically means a purchased cemetery plot — though “permanent” is a relative term, since cemetery deeds vary and some plots carry conditions. With cremation, a permanent resting place could mean a columbarium niche (a small compartment in an indoor or outdoor wall structure), a cremation garden, a dedicated spot in a family plot, or even a meaningful natural location.

The point is that cremation does not mean there is no permanent place. Many of our families find that scattering ashes in multiple locations — a garden, the ocean, a favorite hiking trail — creates several meaningful places rather than just one.

Myths We Hear Every Week

Misinformation in our industry is real, and it costs grieving families both money and unnecessary stress. Here are the most common myths we gently correct:

• Embalming is legally required. It is almost never legally required. There are narrow exceptions — certain types of transport across state lines, for example — but for the vast majority of services, embalming is a choice, not a mandate.
• You must buy a casket from the funeral home. Under the FTC’s Funeral Rule, funeral homes are legally required to accept a casket purchased elsewhere and may not charge a handling fee for it. You have the right to shop independently.
• A viewing is impossible without embalming. Refrigeration can preserve the body for a short-period visitation in many circumstances. We are always happy to discuss what is realistic for your specific situation.
• Cremation means you can’t have a funeral service. A full funeral service, with the body present, can take place before cremation. Many families choose exactly this.
• The most expensive option is the most respectful one. Cost has no relationship to love or respect. A simple, meaningful service reflects a life just as beautifully as an elaborate one.

Your Rights Under the FTC Funeral Rule

The Federal Trade Commission’s Funeral Rule has protected consumers since 1984. It requires funeral homes to provide an itemized General Price List upon request — in person or over the phone — so you can compare costs and select only what you actually want. You are never legally obligated to purchase a package. You can build a service item by item, and we will always hand you that price list before any conversation about arrangements begins.

How to Think Through the Decision

When families ask us how to choose, we usually suggest starting not with the options, but with the person. What did your loved one value? Was there a religious or cultural tradition that guides you? Is gathering in one place important to the people who need to grieve together? What feels financially sustainable without creating hardship? The answers to those questions almost always point naturally toward one path.

There is no universally right choice between cremation and burial — only the choice that is right for your family, made with full information and without pressure. That is what we are here to help you find.