The legal requirements for home funerals in your state
Laws relevant to community deathcare are handled on the state level in the United States. This Quick Guide outlines the legal requirements for home funerals in each US state and the District of Columbia, so that individuals, families, and communities can be better informed to care for their dead. Click to navigate to your state for more info.
How did we get this info? The National Home Funeral Alliance reached out to volunteers on the ground in each state to come up with a first draft summary of the laws for each state. We then passed our initial research on to law students taking Professor Tanya Marsh’s Funeral Law class at Wake Forest Law, who took this on as a pro-bono project. We are deeply appreciative of the community labor at every level that made this project possible, and we want to especially thank Wake Forest Law Students Kaylee Tillett and Emily Stiles for their leadership on this project in 2023-24.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
How did we get this info? The National Home Funeral Alliance reached out to volunteers on the ground in each state to come up with a first draft summary of the laws for each state. We then passed our initial research on to law students taking Professor Tanya Marsh’s Funeral Law class at Wake Forest Law, who took this on as a pro-bono project. We are deeply appreciative of the community labor at every level that made this project possible, and we want to especially thank Wake Forest Law Students Kaylee Tillett and Emily Stiles for their leadership on this project in 2023-24.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
Alabama Alaska Arizona Arkansas California Colorado Connecticut DC Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey
New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
Here are the questions we try to answer for each state.
- Who can sign, certify, or file the death certificate?
- Who can perform body removal or transport?
- Disposition time requirement: How long can you spend with the body?
- Are there preservation requirements for people caring for their own dead?
- Is embalming required for any reason?
- Does death from a contagious or communicable disease need to be reported?
- Is there a mandatory wait time for cremation?
- Who can issue or receive a burial/transit permit for final disposition?
- Is a funeral director required to supervise final disposition?
Who can sign, certify, or file the death certificate?
Some, but not all, states require a funeral director for filing the death certificate.
Who can perform body removal or transport?
Some, but not all, states require a funeral director to move or transport a body.
How long can you spend with the body?
Some, but not all, states require final disposition take place within a certain time frame after death. Disposition refers to the manner in which human remains are finally handled (e.g. cremation, burial, composting, etc.).
Are there preservation time requirements for people caring for their own dead?
Some states require that the body be preserved (embalmed or refrigerated) within a certain number of hours from the death. We say “for people caring for their own dead” specifically because sometimes these requirements only apply to funeral directors. Refrigeration at home refers to cooling, not commercial refrigeration used in funeral homes.
NOTE: Even if your state does not require preservation, this does not mean that preservation of any type isn’t recommended to slow decomposition during the home funeral process. For more info, refer to our page on Body Care & Cooling.
NOTE: Even if your state does not require preservation, this does not mean that preservation of any type isn’t recommended to slow decomposition during the home funeral process. For more info, refer to our page on Body Care & Cooling.
Is embalming required for any reason?
Many states only require embalming under certain conditions, such as if you are transporting a body in/out of the state, or if you are transporting the body via an airline or “common carrier.” (If you are driving the body across state lines, these requirements may not apply!)
Sometimes, an airline company has a requirement to embalm, even if it is not state policy. If you wish to avoid embalming during flight, we typically recommend United Airlines or American Airlines as airlines that allow you to ship unembalmed remains. If you are renting a car or truck for this purpose, you should check with the rental company to see if they allow transporting human bodies (e.g. UHaul does not allow this).
Sometimes, an airline company has a requirement to embalm, even if it is not state policy. If you wish to avoid embalming during flight, we typically recommend United Airlines or American Airlines as airlines that allow you to ship unembalmed remains. If you are renting a car or truck for this purpose, you should check with the rental company to see if they allow transporting human bodies (e.g. UHaul does not allow this).
Does death from a contagious or communicable disease need to be reported?
If the deceased person died from a contagious, infectious, or communicable disease like Covid-19, you may need to report this to the local or state health officers, or the attending physician.
Are there any limitations on how people can care for their own dead in ways other than home care?
Some, but not all, states have specific limitations on how you can care for your dead if you are not a funeral director. For example, some states specifically prohibit embalming unless done by a professional.
Is there a mandatory wait time for cremation?
Some, but not all, states mandate a wait time between death and cremation because both fire and water cremation processes eliminate DNA, leaving no recoverable forensic evidence. Therefore, if there is any ambiguity as to the cause of death, states build in a waiting period to ensure there is enough time for investigation. There is no mandatory wait time for burial because, if needed, a body that has been buried can be dug up again for an autopsy.
Who can issue or receive a burial/transit permit for final disposition?
Some, but not all, states require a burial-transport permit for when a body is moved for final disposition. Disposition refers to the manner in which human remains are finally handled (e.g. cremation, burial, composting, etc.). This is typically relevant when a person has died at home. This can also be known as a disposition permit or a removal certificate.
Is a funeral director required to supervise final disposition?
Some, but not all, states require a funeral director to be hired to supervise final disposition -- which is the manner in which human remains are finally handled (e.g. cremation, burial, composting, etc.).
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