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Legal Requirements for Home Funerals
Last Updated: June 2025
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. Please consult a local professional in your area for complete information relevant to your situation, county/region regulations, and other needs.
For help local to the Alabama area - please see the NHFA Directory listing located here
For help local to the Alabama area - please see the NHFA Directory listing located here
Questions
- My person died at a medical facility / other facility. Can I take the body home?
- I'm providing after-death care at home.
- How long can I keep the body at home after death?
- Does my state require the body to be embalmed?
- What methods of disposition are legal in my state?
- What do I need to do to get a death certificate?
- What do I need to do to get a burial-transit permit?
- Is there a wait period before I can receive a burial-transit permit?
Glossary of Terms
- Burial-transit permit: A permit required to transport a body FROM the place of bodycare/vigil TO place of disposition (if death occurs someplace different from bodycare, then this is not needed). May be called a disposition permit. Also called a Removal Certificate.
- Death certificate: Legal record of death.
- Disposition: The manner in which human remains are finally handled (e.g. cremation, burial, composting, etc.).
- Refrigeration at home: Refers to cooling, not commercial refrigeration used in funeral homes. For more information, see Body Care & Cooling.
I'm providing after-death care at home.
How long can I keep the body at home after death and under what conditions?
What are the relevant statutes in my state?
Ala. Code § 34-13-117
“Disposition of human remains shall occur within 48 hours after the time of death or the time the body is released by the coroner or a medical examiner, unless the body has been embalmed by a licensed embalmer in this state, with permission from the authorizing agent, or the body is kept under refrigeration. No public viewing of un-embalmed bodies shall be permitted 24 hours after death has occurred. Nothing is this section shall prevent a licensed establishment from requiring identification before disposition.”
“Disposition of human remains shall occur within 48 hours after the time of death or the time the body is released by the coroner or a medical examiner, unless the body has been embalmed by a licensed embalmer in this state, with permission from the authorizing agent, or the body is kept under refrigeration. No public viewing of un-embalmed bodies shall be permitted 24 hours after death has occurred. Nothing is this section shall prevent a licensed establishment from requiring identification before disposition.”
What are the experiences reported by others who have done this in my state?
Coming soon.
Does my state require the body to be embalmed? Refrigerated?
What are the relevant statutes in my state?
Ala. Code § 22-19-2
“It shall be unlawful for any person, firm or corporation to take, carry, transport or remove from within the confines of this state any dead human body unless said body has been embalmed or cremated.”
Ala. Code § 34-13-117
Refrigeration required if the body is kept past 48 hours of the time of death or the time the body is released by the coroner or a medical examiner unless the body has been embalmed or other permission is given.
[Note: Embalming is not required in any state except by very specific conditions.]
“It shall be unlawful for any person, firm or corporation to take, carry, transport or remove from within the confines of this state any dead human body unless said body has been embalmed or cremated.”
Ala. Code § 34-13-117
Refrigeration required if the body is kept past 48 hours of the time of death or the time the body is released by the coroner or a medical examiner unless the body has been embalmed or other permission is given.
[Note: Embalming is not required in any state except by very specific conditions.]
What are the experiences reported by others who have done this in my state?
Coming soon.
What methods of disposition are legal in my state?
What are the relevant statutes in my state?
Alabama law mentions cremation and disposition in a cemetery (Ala. Code § 34-13-1(17)).
Cremation is defined in Ala. Code § 34-13-1(26) as follows: “The technical irreversible process, using heat, flames, or chemical agents, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation. Cremation shall include the processing, and may include the pulverization, of the bone fragments. Cremation is a process and is a method of final disposition.”
Cremation is defined in Ala. Code § 34-13-1(26) as follows: “The technical irreversible process, using heat, flames, or chemical agents, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation. Cremation shall include the processing, and may include the pulverization, of the bone fragments. Cremation is a process and is a method of final disposition.”
What are the experiences reported by others who have done this in my state?
Coming soon.
What do I need to do to get a death certificate?
What are the relevant statutes in my state?
Ala. Code § 22-9A-14 "Death registration."
(a) A certificate of death for each death which occurs in this state shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within five days of the death and shall be registered if it has been completed and filed in accordance with this section.
(1) If the place of death is not known, but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this section. The county where the body is found shall be shown on the certificate as the county of death. If the date of death is unknown, the date the dead body was found shall be shown on the certificate as the date of death.
(2) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the county where it is first removed shall be considered as the county of death. When a death occurs on a moving conveyance while in international waters or air space or in a foreign country and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death if it can be determined.
(b) The funeral director or person acting as the funeral director who first assumes custody of the dead body shall file the certificate of death. He or she shall obtain the personal and statistical data from the next of kin or the best qualified person or source available and shall forward the certificate to the person responsible for completion of the medical certification.
(c) The physician in charge of the care of the patient for the illness or condition that resulted in death shall complete and sign the medical certification and transmit the certificate to the Office of Vital Statistics in the manner directed by the State Registrar, within 48 hours after receipt of the certificate. In the absence of the physician, the certificate may be completed and signed by another physician designated by the physician, or the certificate may be completed and signed by the chief medical officer of the institution in which death occurred or by the physician who performed an autopsy upon the decedent. Deaths required to be reported to the county medical examiner or coroner shall be reported whether the cause is known or suspected, primary or contributory, or recent, delayed, or remote.
(d) When the death occurs with no physician in charge of the care of the patient for the illness or condition that resulted in death, the county medical examiner, if one has been appointed, the State Medical Examiner, if he or she examines the body, or if neither occurs, the coroner shall determine the cause of death. In all cases, the medical certification shall be completed and signed and the certificate forwarded to the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 48 hours after receipt of the certificate. This section shall not diminish the duty of the Coroner to hold inquests.
(e) If the cause of death cannot be determined within 48 hours after receipt of the certificate, the physician, county medical examiner, state medical examiner, or coroner shall indicate the medical certification as "PENDING" and shall sign the certificate. Immediately after the medical or other data necessary for determining the cause of death have been made known, the physician, county medical examiner, state medical examiner, or coroner shall, over his or her signature, forward the cause of death to the State Registrar. If the physician has reason to believe that the case is within the jurisdiction of the county medical examiner or coroner, he or she shall immediately report the case to the county medical examiner or coroner and shall advise the funeral director of this fact. If the county medical examiner or coroner does not assume jurisdiction, the physician shall sign the medical certification.
(f) When a death occurs in an institution and the death is not under the jurisdiction of the county medical examiner or coroner, the person in charge of the institution or his or her designated representative, shall initiate the preparation of the death certificate within 24 hours of death as follows:
(1) The full name of the decedent and the date of death shall be placed on the death certificate in the designated spot.
(2) The medical certification of death and the signature of the physician shall be obtained from the attending physician.
(3) The partially completed death certificate shall be presented to the funeral director or the person acting as the funeral director within 72 hours of death.
(g) When a death is presumed to have occurred in this state but the body cannot be located, a death certificate may be prepared by the State Registrar upon receipt of an order of a court of competent jurisdiction, that shall include the finding of facts required to complete the death certificate. The death certificate shall be marked "PRESUMPTIVE" and shall show on its face the date of registration and shall identify the court and date of decree.”
(a) A certificate of death for each death which occurs in this state shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within five days of the death and shall be registered if it has been completed and filed in accordance with this section.
(1) If the place of death is not known, but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this section. The county where the body is found shall be shown on the certificate as the county of death. If the date of death is unknown, the date the dead body was found shall be shown on the certificate as the date of death.
(2) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the county where it is first removed shall be considered as the county of death. When a death occurs on a moving conveyance while in international waters or air space or in a foreign country and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death if it can be determined.
(b) The funeral director or person acting as the funeral director who first assumes custody of the dead body shall file the certificate of death. He or she shall obtain the personal and statistical data from the next of kin or the best qualified person or source available and shall forward the certificate to the person responsible for completion of the medical certification.
(c) The physician in charge of the care of the patient for the illness or condition that resulted in death shall complete and sign the medical certification and transmit the certificate to the Office of Vital Statistics in the manner directed by the State Registrar, within 48 hours after receipt of the certificate. In the absence of the physician, the certificate may be completed and signed by another physician designated by the physician, or the certificate may be completed and signed by the chief medical officer of the institution in which death occurred or by the physician who performed an autopsy upon the decedent. Deaths required to be reported to the county medical examiner or coroner shall be reported whether the cause is known or suspected, primary or contributory, or recent, delayed, or remote.
(d) When the death occurs with no physician in charge of the care of the patient for the illness or condition that resulted in death, the county medical examiner, if one has been appointed, the State Medical Examiner, if he or she examines the body, or if neither occurs, the coroner shall determine the cause of death. In all cases, the medical certification shall be completed and signed and the certificate forwarded to the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 48 hours after receipt of the certificate. This section shall not diminish the duty of the Coroner to hold inquests.
(e) If the cause of death cannot be determined within 48 hours after receipt of the certificate, the physician, county medical examiner, state medical examiner, or coroner shall indicate the medical certification as "PENDING" and shall sign the certificate. Immediately after the medical or other data necessary for determining the cause of death have been made known, the physician, county medical examiner, state medical examiner, or coroner shall, over his or her signature, forward the cause of death to the State Registrar. If the physician has reason to believe that the case is within the jurisdiction of the county medical examiner or coroner, he or she shall immediately report the case to the county medical examiner or coroner and shall advise the funeral director of this fact. If the county medical examiner or coroner does not assume jurisdiction, the physician shall sign the medical certification.
(f) When a death occurs in an institution and the death is not under the jurisdiction of the county medical examiner or coroner, the person in charge of the institution or his or her designated representative, shall initiate the preparation of the death certificate within 24 hours of death as follows:
(1) The full name of the decedent and the date of death shall be placed on the death certificate in the designated spot.
(2) The medical certification of death and the signature of the physician shall be obtained from the attending physician.
(3) The partially completed death certificate shall be presented to the funeral director or the person acting as the funeral director within 72 hours of death.
(g) When a death is presumed to have occurred in this state but the body cannot be located, a death certificate may be prepared by the State Registrar upon receipt of an order of a court of competent jurisdiction, that shall include the finding of facts required to complete the death certificate. The death certificate shall be marked "PRESUMPTIVE" and shall show on its face the date of registration and shall identify the court and date of decree.”
What are the experiences reported by others who have done this in my state?
Coming soon.
What do I need to do to get a burial-transit permit?
Is there a wait period before I can receive a burial-transit permit?
What are the relevant statutes in my state?
Ala. Code § 22-19-3
Any person, for himself or as an officer, agent or employee of any other person or of any corporation or partnership, who shall:
(1) Inter, cremate or otherwise finally dispose of a dead human body or permit the same to be done or remove such body from the primary registration district in which the death occurred or the body was found, without the authority of a burial or removal permit issued by the local registrar of the district in which the death occurred or in which the body was found; or
(2) Refuse or fail to furnish correctly any information in his possession or furnish false information affecting any certificate or record required by the health laws of this state; or
(3) Willfully alter, otherwise than is provided by law, or falsify any certificate of birth or death or any record established by the health laws of this state; or
(4) Being required by the health laws of this state to fill out a certificate of birth or death and file the same with the local registrar, or deliver it, upon request, to any person charged with the duty of filing the same, fail, neglect or refuse to perform such duty in the manner required by the health laws of this state; or
(5) Being a local registrar, deputy registrar, or subregistrar, fail, neglect, or refuse to perform his duty as required by the health laws of this state, and by the instructions and directions of the state registrar thereunder;
shall be guilty of a misdemeanor and, upon conviction, shall for the first offense be fined not less than $5.00 nor more than $50.00, and for each subsequent offense not less than $10.00 nor more than $100.00, or be imprisoned in the county jail not more than 60 days, or be both fined and imprisoned, in the discretion of the court.
[Of note: Burial transmit permits are generally issued when the death certificate is filed.]
Any person, for himself or as an officer, agent or employee of any other person or of any corporation or partnership, who shall:
(1) Inter, cremate or otherwise finally dispose of a dead human body or permit the same to be done or remove such body from the primary registration district in which the death occurred or the body was found, without the authority of a burial or removal permit issued by the local registrar of the district in which the death occurred or in which the body was found; or
(2) Refuse or fail to furnish correctly any information in his possession or furnish false information affecting any certificate or record required by the health laws of this state; or
(3) Willfully alter, otherwise than is provided by law, or falsify any certificate of birth or death or any record established by the health laws of this state; or
(4) Being required by the health laws of this state to fill out a certificate of birth or death and file the same with the local registrar, or deliver it, upon request, to any person charged with the duty of filing the same, fail, neglect or refuse to perform such duty in the manner required by the health laws of this state; or
(5) Being a local registrar, deputy registrar, or subregistrar, fail, neglect, or refuse to perform his duty as required by the health laws of this state, and by the instructions and directions of the state registrar thereunder;
shall be guilty of a misdemeanor and, upon conviction, shall for the first offense be fined not less than $5.00 nor more than $50.00, and for each subsequent offense not less than $10.00 nor more than $100.00, or be imprisoned in the county jail not more than 60 days, or be both fined and imprisoned, in the discretion of the court.
[Of note: Burial transmit permits are generally issued when the death certificate is filed.]
What are the experiences reported by others who have done this in my state?
Coming soon.
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Do you have questions about this information or want to offer feedback? Email us.
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