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.
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?
Alaska Stat. Ann. § 12.65.005.
Duty to notify state medical examiner
(a) Unless the person has reasonable grounds to believe that notice has already been given, a person who attends a death or has knowledge of a death, in addition to notifying a peace officer, shall immediately notify the state medical examiner when the death appears to have
(1) been caused by unknown or criminal means, during the commission of a crime, or by suicide, accident, or poisoning;
(2) occurred under suspicious or unusual circumstances or occurred suddenly when the decedent was in apparent good health;
(3) been unattended by a practicing physician or occurred less than 24 hours after the deceased was admitted to a medical facility;
(4) been associated with a diagnostic or therapeutic procedure;
(5) resulted from a disease that constitutes a threat to public health;
(6) been caused by a disease, injury, or toxic agent resulting from employment;
(7) occurred in a jail or corrections facility owned or operated by the state or a political subdivision of the state or in a facility for the placement of persons in the custody or under the supervision of the state;
(8) occurred in a foster home;
(9) occurred in a mental institution or mental health treatment facility;
(10) occurred while the deceased was in the custody of, or was being taken into the custody of, the state or a political subdivision of the state or a public officer or agent of the state or a political subdivision of the state; or
(11) been of a child under 18 years of age or under the legal custody of the Department of Family and Community Services, subject to the jurisdiction of AS 47.10 or AS 47.12, unless the:
(A) child's death resulted from a natural disease process and was medically expected; and
(B) the child was under supervised medical care during the 24 hours before the death.
(b) A person who attends a death or has knowledge of a death occurring in circumstances other than those enumerated in
(a) of this section may notify the state medical examiners of the death if, in the person's opinion, a death investigation under AS 12.65.020--12.65.025 may be appropriate.
(c) The body of a person whose death has been or should be reported to the state medical examiner under this section may not be moved or otherwise disturbed without the permission of the state medical examiner.
Duty to notify state medical examiner
(a) Unless the person has reasonable grounds to believe that notice has already been given, a person who attends a death or has knowledge of a death, in addition to notifying a peace officer, shall immediately notify the state medical examiner when the death appears to have
(1) been caused by unknown or criminal means, during the commission of a crime, or by suicide, accident, or poisoning;
(2) occurred under suspicious or unusual circumstances or occurred suddenly when the decedent was in apparent good health;
(3) been unattended by a practicing physician or occurred less than 24 hours after the deceased was admitted to a medical facility;
(4) been associated with a diagnostic or therapeutic procedure;
(5) resulted from a disease that constitutes a threat to public health;
(6) been caused by a disease, injury, or toxic agent resulting from employment;
(7) occurred in a jail or corrections facility owned or operated by the state or a political subdivision of the state or in a facility for the placement of persons in the custody or under the supervision of the state;
(8) occurred in a foster home;
(9) occurred in a mental institution or mental health treatment facility;
(10) occurred while the deceased was in the custody of, or was being taken into the custody of, the state or a political subdivision of the state or a public officer or agent of the state or a political subdivision of the state; or
(11) been of a child under 18 years of age or under the legal custody of the Department of Family and Community Services, subject to the jurisdiction of AS 47.10 or AS 47.12, unless the:
(A) child's death resulted from a natural disease process and was medically expected; and
(B) the child was under supervised medical care during the 24 hours before the death.
(b) A person who attends a death or has knowledge of a death occurring in circumstances other than those enumerated in
(a) of this section may notify the state medical examiners of the death if, in the person's opinion, a death investigation under AS 12.65.020--12.65.025 may be appropriate.
(c) The body of a person whose death has been or should be reported to the state medical examiner under this section may not be moved or otherwise disturbed without the permission of the state medical examiner.
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?
Alaska Stat. Ann. § 18.05.040. Regulations
(a) The commissioner shall adopt regulations consistent with existing law for …
(4) the transportation of dead bodies, except that the commissioner may not require that a dead body be embalmed unless the body is known to carry a communicable disease or embalmment is otherwise required for the protection of the public health or for compliance with federal law;
[Note: Embalming is not required in any state except by very specific conditions.]
(a) The commissioner shall adopt regulations consistent with existing law for …
(4) the transportation of dead bodies, except that the commissioner may not require that a dead body be embalmed unless the body is known to carry a communicable disease or embalmment is otherwise required for the protection of the public health or for compliance with federal law;
[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?
Alaska Stat. Ann. § 18.50.950. Definitions
“In this chapter …
(9) “final disposition” means the burial, interment, cremation, or other disposition of a dead body or fetus; …”
Alaska Stat. Ann. § 13.75.190. Definitions
“In this chapter …
(3) “disposition” means disposition of a decedent's remains, including cremation, but does not include an anatomical gift; in this paragraph, “anatomical gift” has the meaning given in AS 13.52.390; …”
Alaska Stat. Ann. § 13.52.390. Definitions
“In this chapter, unless the context otherwise requires …
(4) “anatomical gift” means a donation of all or a part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education; …”
Alaska Stat. Ann. § 13.75.070. Prohibition of cremation; written instructions
A person may not authorize cremation for a decedent's remains if a decedent has left directions in a disposition document that the decedent does not wish to be cremated.
Alaska Stat. Ann. § 08.42.020
(c) In the event the dead body is to be disposed of in a manner not requiring embalming, the department may issue a permit to an unlicensed person for the care and disposition of dead human bodies for compensation. This permit otherwise in no way licenses the holder to practice mortuary science.
“In this chapter …
(9) “final disposition” means the burial, interment, cremation, or other disposition of a dead body or fetus; …”
Alaska Stat. Ann. § 13.75.190. Definitions
“In this chapter …
(3) “disposition” means disposition of a decedent's remains, including cremation, but does not include an anatomical gift; in this paragraph, “anatomical gift” has the meaning given in AS 13.52.390; …”
Alaska Stat. Ann. § 13.52.390. Definitions
“In this chapter, unless the context otherwise requires …
(4) “anatomical gift” means a donation of all or a part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education; …”
Alaska Stat. Ann. § 13.75.070. Prohibition of cremation; written instructions
A person may not authorize cremation for a decedent's remains if a decedent has left directions in a disposition document that the decedent does not wish to be cremated.
Alaska Stat. Ann. § 08.42.020
(c) In the event the dead body is to be disposed of in a manner not requiring embalming, the department may issue a permit to an unlicensed person for the care and disposition of dead human bodies for compensation. This permit otherwise in no way licenses the holder to practice mortuary science.
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?
Alaska Stat. Ann. § 18.50.230. Death registration; disclosure for child support purposes
(a) A death certificate for each death that occurs in the state shall be filed with the local registrar of the registration district in which the death occurred within three days after death and before final disposition of the body or removal of the body from the state, except as provided by regulation in special problem cases. For the purpose of this section, if the place of death is unknown, a death certificate shall be filed in the registration district in which the dead body is found. When a death occurs on a moving conveyance a death certificate shall be filed in the registration district in which the dead body is first removed from the conveyance.
(b) The funeral director or person acting as the funeral director who first assumes custody of a dead body shall file the death certificate. The funeral director or the person acting as the funeral director shall obtain the personal data from the next of kin or the best qualified person or source available and the medical certification of cause of death from the person responsible for this information.
(c) The medical certification shall be completed and signed within 24 hours after death by the physician, the advanced practice registered nurse, or the physician assistant in charge of the patient's care for the illness or condition that resulted in death except when an official inquiry or inquest is required and except as provided by regulation in special problem cases.
(d) When a death occurs without medical attendance, or when official inquiry is required, the department shall provide by regulation, in accordance with law, the responsibility for completing and signing the medical certification. This subsection is intended to include, among others, cases involving a medical examiner and cases involving presumption of death.
(e) To assist the Alaska Court System to remove the names of deceased persons from jury lists under AS 09.20.050(c), the state registrar of vital statistics shall forward to the administrative director of the Alaska Court System the names of persons for whom certificates of death were issued and reported to the registrar.
(f) A death certificate issued under this section must include the decedent's social security number, if ascertainable. Upon request, the registrar shall provide a decedent's social security number to the child support services agency created in AS 25.27.010, or the child support agency of another state, for child support purposes authorized under law.
(a) A death certificate for each death that occurs in the state shall be filed with the local registrar of the registration district in which the death occurred within three days after death and before final disposition of the body or removal of the body from the state, except as provided by regulation in special problem cases. For the purpose of this section, if the place of death is unknown, a death certificate shall be filed in the registration district in which the dead body is found. When a death occurs on a moving conveyance a death certificate shall be filed in the registration district in which the dead body is first removed from the conveyance.
(b) The funeral director or person acting as the funeral director who first assumes custody of a dead body shall file the death certificate. The funeral director or the person acting as the funeral director shall obtain the personal data from the next of kin or the best qualified person or source available and the medical certification of cause of death from the person responsible for this information.
(c) The medical certification shall be completed and signed within 24 hours after death by the physician, the advanced practice registered nurse, or the physician assistant in charge of the patient's care for the illness or condition that resulted in death except when an official inquiry or inquest is required and except as provided by regulation in special problem cases.
(d) When a death occurs without medical attendance, or when official inquiry is required, the department shall provide by regulation, in accordance with law, the responsibility for completing and signing the medical certification. This subsection is intended to include, among others, cases involving a medical examiner and cases involving presumption of death.
(e) To assist the Alaska Court System to remove the names of deceased persons from jury lists under AS 09.20.050(c), the state registrar of vital statistics shall forward to the administrative director of the Alaska Court System the names of persons for whom certificates of death were issued and reported to the registrar.
(f) A death certificate issued under this section must include the decedent's social security number, if ascertainable. Upon request, the registrar shall provide a decedent's social security number to the child support services agency created in AS 25.27.010, or the child support agency of another state, for child support purposes authorized under law.
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?
Alaska Stat. Ann. § 18.50.250. Permits
(a) Except as provided in (e) of this section, the funeral director or person acting as the funeral director who first assumes custody of a dead body or fetus shall obtain a burial-transit permit before final disposition or removal from the state of the body or fetus and within 72 hours after death, except as otherwise authorized by regulation for special problem cases.
(b) The local registrar of the registration district where the death occurred shall issue a burial-transit permit when a certificate of death or fetal death has been filed in accordance with this chapter, except as otherwise authorized by regulation in special problem cases.
(c) A burial-transit permit that accompanies a dead body or fetus brought into the state is authority for final disposition of the body or fetus in the state.
(d) A permit for disinterment and reinterment is required before disinterment of a dead body or fetus except as authorized by regulation or otherwise provided by law. Upon proper application the permit shall be issued by the local registrar of vital statistics in accordance with instructions of the state registrar.
(e) The state medical examiner shall obtain the burial-transit permit before a body is transported under AS 12.65.025(a)(2).
[Of note: Burial transmit permits are generally issued when the death certificate is filed.]
(a) Except as provided in (e) of this section, the funeral director or person acting as the funeral director who first assumes custody of a dead body or fetus shall obtain a burial-transit permit before final disposition or removal from the state of the body or fetus and within 72 hours after death, except as otherwise authorized by regulation for special problem cases.
(b) The local registrar of the registration district where the death occurred shall issue a burial-transit permit when a certificate of death or fetal death has been filed in accordance with this chapter, except as otherwise authorized by regulation in special problem cases.
(c) A burial-transit permit that accompanies a dead body or fetus brought into the state is authority for final disposition of the body or fetus in the state.
(d) A permit for disinterment and reinterment is required before disinterment of a dead body or fetus except as authorized by regulation or otherwise provided by law. Upon proper application the permit shall be issued by the local registrar of vital statistics in accordance with instructions of the state registrar.
(e) The state medical examiner shall obtain the burial-transit permit before a body is transported under AS 12.65.025(a)(2).
[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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