Disposition of Body of Decedent

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After the inquisition, the coroner or medical investigator may deliver the body of the deceased to the deceased's relatives, if there are any; but if not, the coroner or the medical investigator shall cause the deceased to be decently buried or cremated in accordance with §68-4-113, and the expense to be paid from the property found with the body, or, if there is none, from the county treasury, by certifying an account of the expenses to the county mayor, who shall allow and pay the expenses, if deemed reasonable, as other claims on the county.

Code 1858, § 5314; Shan., § 7292; Code 1932, § 11893; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 38-418, Acts 2003, ch. 90, § 2; 2013, ch. 287, § 5.

Compiler's Notes. Acts 2003, ch. 90, § 2 provided that the chief executive officer of each county shall be redesignated and hereafter referred to as the county mayor, effective July 1, 2003.

Cross-References. Coroners, title 8, ch. 9.

Attorney General Opinions. No state law or constitutional provision requires a local government to provide a burial, cremation, or other funeral services for indigent individuals. State law requires only that each county cover the expenses, when necessary, for the burial or cremation of unclaimed bodies by the coroner or medical examiner. OAG 18-13, 2018 Tenn. AG LEXIS 14 (3/20/2018).


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