The Short Answer

In Florida, the right to control and decide what happens to cremated remains generally belongs to the legally authorized person (often the next of kin or the person the decedent designated), not simply whoever is currently holding the ashes. If a non-biological relative is refusing to return the ashes, you may be able to seek a court order requiring the remains to be released to the proper person and resolving any dispute over possession or division.

What Florida Law Says

Florida law treats cremated remains differently than ordinary “property” and focuses on who has legal authority to control disposition and any division of the remains. Where there is a conflict about who can possess or divide the ashes, the dispute is intended to be resolved by a court with jurisdiction, rather than by self-help or informal family agreements.

The Statute

The primary law governing this issue is Fla. Stat. § 497.607.

This statute establishes that cremated remains are not treated as “property” for certain probate distribution purposes, that division of cremated remains requires the consent of the legally authorized person, and that disputes regarding division of cremated remains are to be resolved by a court of competent jurisdiction.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If cremated remains are left unclaimed with a funeral/direct disposal establishment, Florida law allows disposal after 120 days under specific conditions, which can permanently change your options if the remains are not secured in time. See Fla. Stat. § 497.607(3).
• Burden of Proof: You may need evidence showing you are the legally authorized person (for example, written instructions from the decedent, proof of relationship, or documentation tied to the cremation authorization and declaration of intent).
• Exceptions: If the decedent left written instructions about cremation or disposition, those writings can significantly affect who has authority and what defenses may apply to others who relied on those directions. See Fla. Stat. § 732.804.

Trying to handle this alone can lead to avoidable escalation, loss of leverage, or a court denying relief because the wrong legal theory or forum was used. A probate attorney can quickly identify who has priority under Florida law, preserve evidence, and pursue a court order when necessary.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.