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Disney Disapproves Of The Disposition Of Your Remains: The Happiest Place On Earth Has Become A Receptacle For Cremains

Disney, a cemetery, or the ocean? Make certain to specify your wishes in a Designation of Burial document.

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(Photo by Joe Raedle/Getty Images)

Urban legend holds that no one is allowed to die in a Disney theme park. Disney, so adverse to the image of death, as a profound threat to its blissful image, allegedly removes individuals from Disney jurisdiction before pronouncing an expiration, thus preserving its perfect, cheery universe.

While Disney may not let you die under its auspices, it is having major issues preventing its well-manicured property from becoming the final resting place for devoted fans. Last week, the Wall Street Journal reported that Disneyland and Disney World are popular destinations for the scattering of a deceased’s ashes by family and friends. Often touted as the Happiest Place On Earth, Disney may seem like an odd choice for one’s final resting place, but Disney Cast Members often discover cremains in flower beds or on classic rides. Disney has even developed a quick and discreet response to the discovery of ashes.  Code HEPA is the line uttered by Cast Members when cremains are found at Disney and a special vacuum is used to remove them.

There are a few basic options for the disposition of one’s remains. One can be interred in a cemetery, cremated, buried at sea, or even donated to science wherein a corpse is used by medical schools for research. If cremated, the remaining ashes are returned to the burial agent and either saved in an urn, buried, or scattered. The dispersing of ashes is fairly regulated. States have rules as to which waters may receive cremains, where they may be buried, and how they can be shipped. Airlines have rules as to how to package cremains when flying and how and where they may be stored during flight.

Disney does not permit the scattering or placement of ashes in any of its theme parks. Fans, however, report that they easily smuggle cremains into the parks in pill bottles or zip lock bags hidden in the bottom of backpacks as they rush down CreMain Street to Cinderella’s Castle or the MadScatter ride. News reports reveal that the most popular receptacles for ashes include  It’s A Small World, and obviously, The Haunted Mansion.

Whether you want to rest finally at Disney, the Atlantic Ocean, or just a plain, local cemetery, it is imperative that you make advanced plans for the disposition of your remains, especially if your wishes are uncommon. This may come in the form of the advance purchase of burial plots, a mausoleum space, or even the planning of a funeral. Regardless of your choice, it is imperative that you speak with your family and friends about your wishes. If you wish to donate your organs, it behooves you to note this on your health care proxy. If you want a religious burial or a special mass, note it in your final directive.

Many states have Designation of Burial Forms wherein you nominate an individual to make your funeral arrangements upon your passing. You can sign this directive when you execute a will. If you want a burial or cremation that is outside the realm of “common” for your family or tradition, you should sign one. Many people list their burial or cremation requests in their will. A will, however,  does not have authority until it is admitted to probate. Probate generally requires a death certificate, and a death certificate is issued by the funeral home after the body is buried or cremated. In an abundance of caution, make your wishes for the disposition of your remains separate and apart from you last will and testament.

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Paying for a burial is often difficult for the surviving family and friends. Generous family members may front the costs and then seek reimbursement if and when the decedent’s estate is marshalled. Sometimes, individuals prepay for funeral costs so that their loved ones do not need to worry about finding the funds. Often a survivor can borrow against a life insurance policy to pay for the funeral. In need of funds, families and friends often rally on social media for donations to help pay for funerals, especially when the death is unexpected.

The unconventional and clandestine scattering of ashes at Disney theme parks is unlikely to gain popularity amongst the masses, despite its recent prevalence in the news. The empire’s founder, Walt Disney, was rumored to have been cryogenically frozen (Frozen Ever After?) although most fans have let it go, as it was later revealed that he was cremated (Pyre of the Caribbean?). The question, however, is which ride houses these special cremains. It can’t all be pixie dust.

Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com. 

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