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?
5 Code of Colorado Regulations 1006-1
Any dead body kept more than twenty-four hours before burial or cremation shall be embalmed or properly
refrigerated. If a deceased person had a communicable disease at the time of death, the hospital or the attending
physician shall notify the funeral director, or person acting as such. The funeral director, or person acting as such shall consult with the local or state health officer concerning disposition of the body and shall follow the precautions
indicated by the health officer. …
Colo. Rev. Stat. § 12-135-109
(2)(a) This part 1 does not apply to, nor in any way interfere with, any custom or rite of any religious sect in the final
disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and provide for the final disposition of the bodies of deceased members of the religious sect, free from any term, condition, or provision of this part 1, and are not subject to this part 1, so long as the human remains are refrigerated, frozen, embalmed, interred, or cremated within seven days after death or the process of natural reduction is begun within seven days after death.
(2)(b) If human remains are refrigerated or embalmed under subsection (2)(a) of this section, the body must be interred within, frozen within, or cremated within thirty days after death or the process of natural reduction must begin within thirty days after death; except that the coroner may authorize otherwise in writing. The coroner shall not permit an exception to this subsection (2)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen uncontrollable circumstances or by a criminal investigation.
(c) Notwithstanding this subsection (2), upon the receipt of evidence that the human remains likely contained a
serious contagious disease, the state department of public health and environment, the state board of health, or a local department of health may issue an order overruling this subsection (2).
Any dead body kept more than twenty-four hours before burial or cremation shall be embalmed or properly
refrigerated. If a deceased person had a communicable disease at the time of death, the hospital or the attending
physician shall notify the funeral director, or person acting as such. The funeral director, or person acting as such shall consult with the local or state health officer concerning disposition of the body and shall follow the precautions
indicated by the health officer. …
Colo. Rev. Stat. § 12-135-109
(2)(a) This part 1 does not apply to, nor in any way interfere with, any custom or rite of any religious sect in the final
disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and provide for the final disposition of the bodies of deceased members of the religious sect, free from any term, condition, or provision of this part 1, and are not subject to this part 1, so long as the human remains are refrigerated, frozen, embalmed, interred, or cremated within seven days after death or the process of natural reduction is begun within seven days after death.
(2)(b) If human remains are refrigerated or embalmed under subsection (2)(a) of this section, the body must be interred within, frozen within, or cremated within thirty days after death or the process of natural reduction must begin within thirty days after death; except that the coroner may authorize otherwise in writing. The coroner shall not permit an exception to this subsection (2)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen uncontrollable circumstances or by a criminal investigation.
(c) Notwithstanding this subsection (2), upon the receipt of evidence that the human remains likely contained a
serious contagious disease, the state department of public health and environment, the state board of health, or a local department of health may issue an order overruling this subsection (2).
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?
Colo. Rev. Stat. Ann. § 12-135-106
A funeral establishment shall embalm, refrigerate, cremate, bury, or entomb human remains within twenty-four hours after taking custody of the remains.
Colo. Rev. Stat. § 12-135-109
(2)(a) This part 1 does not apply to, nor in any way interfere with, any custom or rite of any religious sect in the final
disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and provide for the final disposition of the bodies of deceased members of the religious sect, free from any term, condition, or provision of this part 1, and are not subject to this part 1, so long as the human remains are refrigerated, frozen, embalmed, interred, or cremated within seven days after death or the process of natural reduction is begun within seven days after death.
5 Code of Colorado Regulations 1006-1
Any dead body kept more than twenty-four hours before burial or cremation shall be embalmed or properly
refrigerated. If a deceased person had a communicable disease at the time of death, the hospital or the attending
physician shall notify the funeral director, or person acting as such. The funeral director, or person acting as such shall consult with the local or state health officer concerning disposition of the body and shall follow the precautions
indicated by the health officer. Any dead body shipped by common carrier shall be enclosed in a strong, tightly sealed container which will prevent the leakage of fluids or odor.
Colo. Rev. Stat. § 12-135-105
(1) It is unlawful:
(g) To transport or otherwise transfer by common carrier human remains unless:
(I) A funeral director, mortuary science practitioner, or embalmer has embalmed or hermetically sealed the body
for transportation and complies with applicable common carrier law; or
(II) The transport or transfer is to a funeral establishment, funeral director, or embalmer within the state of
Colorado;
[Note: Embalming is not required in any state except by very specific conditions.]
A funeral establishment shall embalm, refrigerate, cremate, bury, or entomb human remains within twenty-four hours after taking custody of the remains.
Colo. Rev. Stat. § 12-135-109
(2)(a) This part 1 does not apply to, nor in any way interfere with, any custom or rite of any religious sect in the final
disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and provide for the final disposition of the bodies of deceased members of the religious sect, free from any term, condition, or provision of this part 1, and are not subject to this part 1, so long as the human remains are refrigerated, frozen, embalmed, interred, or cremated within seven days after death or the process of natural reduction is begun within seven days after death.
5 Code of Colorado Regulations 1006-1
Any dead body kept more than twenty-four hours before burial or cremation shall be embalmed or properly
refrigerated. If a deceased person had a communicable disease at the time of death, the hospital or the attending
physician shall notify the funeral director, or person acting as such. The funeral director, or person acting as such shall consult with the local or state health officer concerning disposition of the body and shall follow the precautions
indicated by the health officer. Any dead body shipped by common carrier shall be enclosed in a strong, tightly sealed container which will prevent the leakage of fluids or odor.
Colo. Rev. Stat. § 12-135-105
(1) It is unlawful:
(g) To transport or otherwise transfer by common carrier human remains unless:
(I) A funeral director, mortuary science practitioner, or embalmer has embalmed or hermetically sealed the body
for transportation and complies with applicable common carrier law; or
(II) The transport or transfer is to a funeral establishment, funeral director, or embalmer within the state of
Colorado;
[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?
Colo. Rev. Stat. Ann. § 12-135-103
(13) “Final disposition” means the disposition of human remains by entombment, burial, cremation, natural reduction, or removal from the state.
Colo. Rev. Stat. § 25-2-111
(1) Any person requested to act as funeral director for a dead body or otherwise whoever first assumes custody of a dead body shall, prior to final disposition of the body, obtain authorization for final disposition of the body. The office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, the coroner or the coroner’s designee shall authorize final disposition of the body on a form prescribed and furnished by the state registrar. No body shall be buried, cremated, deposited in a vault or tomb, or otherwise disposed of, nor shall any body be removed from this state, until such authorization has been obtained, completed, and approved. The coroner or the coroner’s designee shall include in the authorization notice of the requirements of subsection (7) of this section.
(2) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into
this state shall be authority for final disposition of the body or fetus in this state.
…
(4) Any person who removes from the place of death or transports or finally disposes of a dead body or fetus, in
addition to filing any certificate or other form required by this article, shall keep a record which shall identify the body and such information pertaining to his receipt, removal, and delivery of such body as may be prescribed in regulations. Such record shall be retained for a period of not less than seven years and shall be made available for inspection by the state registrar or his representative upon demand.
(5) No sexton or other person in charge of any place in which interment or other disposition of dead bodies is made
shall inter or allow interment or other disposition of a dead body or fetus unless it is accompanied by authorization for final disposition.
…
(7)
(a) The owner of land that is used to inter a dead human body shall record the burial within thirty days after the
burial with the county clerk and recorder of the county in which the land is situated. The owner shall record the
following:
(I) The dead person’s name as it appears on the death certificate;
(II) The dead person’s date of birth;
(III) The dead person’s age at the time of death;
(IV) The cause of death;
(V) The name of the owner or owners of the property where the dead human body is interred;
(VI) The legal description of the property where the dead human body is interred if the person is interred on
private property;
(VII) The reception number for the death certificate if recorded by the county clerk; and
(VIII) The latitude and longitude coordinates, such as those given by a global positioning system, that are
verified by two witnesses or the county coroner, sheriff, or a designee of the county coroner or sheriff.
(b) This subsection (7) does not apply to dead human bodies interred in cemeteries, vaults, or tombs operated or
maintained by public entities or businesses that inter people in the ordinary course of business and are available to
the general public.
(13) “Final disposition” means the disposition of human remains by entombment, burial, cremation, natural reduction, or removal from the state.
Colo. Rev. Stat. § 25-2-111
(1) Any person requested to act as funeral director for a dead body or otherwise whoever first assumes custody of a dead body shall, prior to final disposition of the body, obtain authorization for final disposition of the body. The office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, the coroner or the coroner’s designee shall authorize final disposition of the body on a form prescribed and furnished by the state registrar. No body shall be buried, cremated, deposited in a vault or tomb, or otherwise disposed of, nor shall any body be removed from this state, until such authorization has been obtained, completed, and approved. The coroner or the coroner’s designee shall include in the authorization notice of the requirements of subsection (7) of this section.
(2) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into
this state shall be authority for final disposition of the body or fetus in this state.
…
(4) Any person who removes from the place of death or transports or finally disposes of a dead body or fetus, in
addition to filing any certificate or other form required by this article, shall keep a record which shall identify the body and such information pertaining to his receipt, removal, and delivery of such body as may be prescribed in regulations. Such record shall be retained for a period of not less than seven years and shall be made available for inspection by the state registrar or his representative upon demand.
(5) No sexton or other person in charge of any place in which interment or other disposition of dead bodies is made
shall inter or allow interment or other disposition of a dead body or fetus unless it is accompanied by authorization for final disposition.
…
(7)
(a) The owner of land that is used to inter a dead human body shall record the burial within thirty days after the
burial with the county clerk and recorder of the county in which the land is situated. The owner shall record the
following:
(I) The dead person’s name as it appears on the death certificate;
(II) The dead person’s date of birth;
(III) The dead person’s age at the time of death;
(IV) The cause of death;
(V) The name of the owner or owners of the property where the dead human body is interred;
(VI) The legal description of the property where the dead human body is interred if the person is interred on
private property;
(VII) The reception number for the death certificate if recorded by the county clerk; and
(VIII) The latitude and longitude coordinates, such as those given by a global positioning system, that are
verified by two witnesses or the county coroner, sheriff, or a designee of the county coroner or sheriff.
(b) This subsection (7) does not apply to dead human bodies interred in cemeteries, vaults, or tombs operated or
maintained by public entities or businesses that inter people in the ordinary course of business and are available to
the general public.
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?
Colo. Rev. Stat. § 25-2-110
(1)
(a) A certificate of death for each death, including a stillborn death, that occurs in Colorado must be filed with the
state registrar, or as otherwise directed by the state registrar, within seventy-two hours of assuming custody of a
dead body, stillborn fetus, or dead fetus and prior to final disposition, except when inquiry is required by
subsection (5.5) of this section or any provision of section 30-10-606 other than section 30-10-606
(1)
(b) or when a coroner, a medical examiner, a forensic pathologist, or other qualified individual determines that additional time is necessary to make a proper inquiry to determine the cause and manner of death. In such a situation, the coroner, medical examiner, forensic pathologist, or other qualified individual shall complete and sign the certificate of death as soon as practicable. The state registrar shall register the certificate if it has been completed in accordance with this section. Every certificate of death must identify the decedent’s social security number, if available. If the place of death is unknown but the dead body is found in Colorado, the certificate of death must be completed and filed in accordance with this section. The place where the body is found must be shown as the place of death. If the date of death is unknown, the date must be determined by approximation.
(b)
(I) The department of public health and environment shall create and the state registrar shall use an electronic death registration system for the purpose of collecting death information from funeral directors, coroners, physicians, local registrars, health facilities, and other authorized individuals, as determined by the department. Death information submitted electronically by a funeral director, coroner, physician, local
registrar, health facility, or authorized individual, as determined by the department, to the electronic death
registration system for purposes of fulfilling the requirements of this section satisfies the signature and filing
requirements of this section and section 30-10-606, C.R.S.
(II) Repealed.
(III) Except as otherwise provided in subsection (4.5) of this section, any individual, other than a family
member of the decedent or other individual acting in a nonprofessional capacity as the funeral director for the
decedent, who is required to initiate, complete, respond to, or file a certificate of death pursuant to this
section must use the electronic death registration system used by the state registrar.
(IV) The state registrar shall provide a report to the department of regulatory agencies on a monthly basis
that identifies any certificates of death for which a medical certification was not completed in a timely manner
using the electronic death registration system or, before March 1, 2024, only, completed as otherwise allowed
by this section, and the department shall promptly provide the report to the Colorado medical board created
in section 12-240-105 (1)(a). Beginning in 2025, the department of regulatory agencies shall prepare a report
to the joint committee of reference during its annual hearing held pursuant to section 2-7-203 of the
“SMART Act”, part 2 of article 7 of title 2. The report must include the number of complaints that the
department of regulatory agencies received and the number of disciplinary actions taken against a licensee in
each calendar year.
(c) Once a certificate of death has been filed pursuant to paragraph (a) of this subsection (1), a verification of
death document may be used by local offices of vital statistics and the office of the state registrar of vital statistics
when verifying a vital event to a person or organization that has requested a verification of fact-of-death. A
verification of death document must include the name and address of the decedent, the date of death, the place of
death, the date the document is filed, the state file number, and the name of any spouse of the decedent. A
verification of death document is not required to contain a social security number of the deceased as is otherwise
required of a certificate of death under paragraph (a) of this subsection (1).
(d) [Editor’s note: Subsection (1)(d) is effective July 1, 2025.] If a certificate of death, copy of
certificate of death, certified copy of a certificate of death, or verification of death is recorded into the real estate
records of a county clerk and recorder, the document is a public record.
(2) When a death occurs in a moving conveyance in the United States and the body is first removed from the
conveyance in Colorado, the death shall be registered in Colorado, and the place where it is first removed shall be
considered the place of death. When a death occurs on a moving conveyance while in international air space or in a
foreign country or its air space and the body is first removed from the conveyance in Colorado, the death shall be
registered in Colorado, but the certificate shall show the actual place of death insofar as can be determined.
(3)
(a) The funeral director or person acting as such who first assumes custody of a dead body, stillborn fetus, or
dead fetus is responsible for the filing of the certificate of death required by subsection (1) of this section within
seventy-two hours after receipt of the electronic death registration request unless the physician, their associate
physician, the chief medical officer of the institution in which the death occurred, or the physician who performs
an autopsy upon the decedent is unable to complete the medical certification for the certificate of death within the
required time frame. The funeral director shall obtain the personal data required by the certificate from the next of
kin or the best qualified person or source available. The funeral director shall obtain the medical certification
necessary to complete the portion of the certificate pertaining to the cause of death from the best qualified person
or source available, pursuant to subsection (4) of this section.
(a.5)
(I) Except as otherwise provided in subsection (3)(a.5)(II) of this section, if a decedent had an established
primary care physician, the primary care physician is responsible for completing the medical certification for
the certificate of death in accordance with subsections (1)(a) and (4) of this section if:
(A) The death appears to be due to natural causes and is determined as such with a reasonable degree of
medical certainty;
(B) The decedent received medical care from the primary care physician within a year of the death;
(C) The death occurred when the decedent was not under the direct care of another physician charged
with the patient’s care during the illness or condition that resulted in death; and
(D) An inquiry is not required by section 30-10-606.
(II) If, within a year of the death, the decedent had been treated by a physician other than the decedent’s
established primary care physician for a chronic condition or terminal illness related to the decedent’s death
and the conditions set forth in subsections (3)(a.5)(I)(A) and (3)(a.5)(I)(D) of this section are met, that
physician is responsible for completing the medical certification for the certificate of death in accordance with
subsection (4) of this section.
(b) In the case of a stillborn fetus, notwithstanding the provisions of paragraph (a) of this subsection (3), the
physician, nurse, or other medical personnel attending to the stillborn death may assume responsibility for filing
the death certificate required by paragraph (a) of this subsection (3). The person filing the death certificate in the
case of a stillborn fetus shall obtain the personal data required by the certificate from a parent and shall include a
name on the death certificate if a parent desires to identify a name.
(c) If a death certificate is not filed in the case of a stillborn death as required by paragraph (a) of this subsection
(3), a parent may inform the state registrar of the information necessary to complete the death certificate. The
state registrar shall confirm such information and complete the death certificate accordingly.
(4) Except when inquiry is required by any provision of section 30-10-606 other than section 30-10-606 (1)(b), the
physician in charge of the patient’s care for the illness or condition that resulted in death shall complete the medical
certification for the certificate of death within seventy-two hours after receipt of the electronic death registration
request or, before March 1, 2024, only, for a physician who is not yet registered to use and using the electronic death
registration system used by the department of public health and environment and the state registrar pursuant to
subsection (1)(b)(I) of this section, within seventy-two hours after receiving notice that a medical certification for a
certificate of death must be completed. In the absence of said physician or with the physician’s approval, the certificate may be completed and signed by an associate physician, by the chief medical officer of the institution in which the death occurred, or by the physician who performed an autopsy upon the decedent, if such individual has access to the medical history of the case, if said individual views the decedent at or after the time of death, and if the death is due to natural causes. If the death is or may be due to unnatural causes, a physician required to complete a medical certification for a certificate of death in accordance with this subsection (4) shall notify the coroner or the medical examiner when an inquiry or an autopsy is required to be performed pursuant to sections 30-10-606 and 30-10-606.5. On and after March 1, 2024, a physician’s repeated or willful failure without reasonable cause to comply with timely completion of a medical certification for a certificate of death in accordance with subsection (1)(a) of this section and this subsection (4) constitutes unprofessional conduct, as defined in section 12-240-121 (1)(hh). If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and said information shall be reported on the death certificate as required by subsection (9) of this section. Except as otherwise provided in subsection (4.5) of this section, the physician or, in their absence, their designee in accordance with this subsection (4), shall complete the medical certification for a certificate of death required by this subsection (4) using the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section.
(4.5) The department of public health and environment shall ensure that all physicians are registered to use the
electronic death registration system created and used pursuant to subsection (1)(b)(I) of this section on or before
March 1, 2024. A physician shall use the system for all medical certifications for certificates of death required by
subsection (4) of this section immediately upon being registered but is not required to do so before being registered.
(5)
(a) When inquiry is required by section 30-10-606, the coroner shall determine the cause of death and shall
complete and sign the medical certification within forty-eight hours after receipt of the electronic death
registration request, except as permitted by subsection (5.5) of this section. If an autopsy is performed, the
certification must indicate whether the decedent was pregnant at the time of death, and the information must be
reported on the certificate of death as required by subsection (9) of this section. Except as otherwise provided in
subsection (4.5) of this section, a coroner, medical examiner, forensic pathologist, or other qualified individual that
determines the cause of death and completes the medical certification for a certificate of death in accordance with
this subsection (5) must use the electronic death registration system used by the department of public health and
environment and the state registrar pursuant to subsection (1)(b)(I) of this section.
(b) A coroner, medical examiner, forensic pathologist, or other qualified individual who completes the medical
certification for a certificate of death pursuant to this subsection (5) or subsection (5.5) or (6) of this section shall
not register “excited delirium” as the cause of death.
(c) For purposes of this subsection (5), “excited delirium” means a term used to describe a person’s state of
agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not
listed in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. “Excited delirium”
also includes excited delirium syndrome, hyperactive delirium, agitated delirium, and exhaustive mania.
(5.5) A coroner is not required to comply with subsection (5) of this section if the coroner, in good faith, determines
that additional time is needed to make a proper inquiry to determine the cause and manner of death of any individual in the coroner’s jurisdiction who has died under any circumstance specified in section 30-10-606 (1) or if the coroner is required to perform a forensic autopsy as required by section 30-10-606.5. In these situations, a coroner shall determine the cause of death and shall complete and sign the medical certification for a certificate of death as soon as is practicable and in accordance with subsection (6) of this section.
(6) If the cause of death cannot be determined within forty-eight hours after a death, the medical certification shall be completed as provided by rule. If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and said information shall be reported on the death certificate as required by subsection (9) of this section. The attending physician or coroner shall give the funeral director or person acting as such notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, final disposition of the body shall not be made until authorized by the coroner or the coroner’s designee.
(7) When a death is presumed to have occurred within Colorado 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 which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked “presumptive” and shall show on its face the date of registration and shall identify the court and the date of decree.
(8) Every funeral establishment shall maintain registration with the office of the state registrar and shall act in
accordance with the provisions of this article.
(9)
(a) If an autopsy is performed, a certificate of death shall identify whether the decedent was pregnant at the time
of death.
(b) The requirement in this subsection (9) and subsections (4), (5), and (6) of this section to indicate whether the
decedent was pregnant at the time of death shall be complied with when the person required to make the
designation has access to the certification form that permits compliance.
(10) Whenever in the Colorado Revised Statutes the terms “certificate of death” or “death certificate” are used, except
as to the initial certificate of death required pursuant to paragraph (a) of subsection (1) of this section, the same two
terms include a verification of death document that is certified by the state registrar and issued pursuant to paragraph
(c) of subsection (1) of this section.
(11) A deadline set forth in this section by which an individual is required to complete an action relating to a certificate of death or a medical certification for a certificate of death is extended by one day per day of closure if the business or facility at which the individual is employed is actually closed for an entire calendar day that is a weekend day or a legal holiday. Such a deadline is not extended if the business or facility is open for any portion of such a calendar day or if the business or facility is closed for an entire calendar day that is not a weekend day or a legal holiday.
(1)
(a) A certificate of death for each death, including a stillborn death, that occurs in Colorado must be filed with the
state registrar, or as otherwise directed by the state registrar, within seventy-two hours of assuming custody of a
dead body, stillborn fetus, or dead fetus and prior to final disposition, except when inquiry is required by
subsection (5.5) of this section or any provision of section 30-10-606 other than section 30-10-606
(1)
(b) or when a coroner, a medical examiner, a forensic pathologist, or other qualified individual determines that additional time is necessary to make a proper inquiry to determine the cause and manner of death. In such a situation, the coroner, medical examiner, forensic pathologist, or other qualified individual shall complete and sign the certificate of death as soon as practicable. The state registrar shall register the certificate if it has been completed in accordance with this section. Every certificate of death must identify the decedent’s social security number, if available. If the place of death is unknown but the dead body is found in Colorado, the certificate of death must be completed and filed in accordance with this section. The place where the body is found must be shown as the place of death. If the date of death is unknown, the date must be determined by approximation.
(b)
(I) The department of public health and environment shall create and the state registrar shall use an electronic death registration system for the purpose of collecting death information from funeral directors, coroners, physicians, local registrars, health facilities, and other authorized individuals, as determined by the department. Death information submitted electronically by a funeral director, coroner, physician, local
registrar, health facility, or authorized individual, as determined by the department, to the electronic death
registration system for purposes of fulfilling the requirements of this section satisfies the signature and filing
requirements of this section and section 30-10-606, C.R.S.
(II) Repealed.
(III) Except as otherwise provided in subsection (4.5) of this section, any individual, other than a family
member of the decedent or other individual acting in a nonprofessional capacity as the funeral director for the
decedent, who is required to initiate, complete, respond to, or file a certificate of death pursuant to this
section must use the electronic death registration system used by the state registrar.
(IV) The state registrar shall provide a report to the department of regulatory agencies on a monthly basis
that identifies any certificates of death for which a medical certification was not completed in a timely manner
using the electronic death registration system or, before March 1, 2024, only, completed as otherwise allowed
by this section, and the department shall promptly provide the report to the Colorado medical board created
in section 12-240-105 (1)(a). Beginning in 2025, the department of regulatory agencies shall prepare a report
to the joint committee of reference during its annual hearing held pursuant to section 2-7-203 of the
“SMART Act”, part 2 of article 7 of title 2. The report must include the number of complaints that the
department of regulatory agencies received and the number of disciplinary actions taken against a licensee in
each calendar year.
(c) Once a certificate of death has been filed pursuant to paragraph (a) of this subsection (1), a verification of
death document may be used by local offices of vital statistics and the office of the state registrar of vital statistics
when verifying a vital event to a person or organization that has requested a verification of fact-of-death. A
verification of death document must include the name and address of the decedent, the date of death, the place of
death, the date the document is filed, the state file number, and the name of any spouse of the decedent. A
verification of death document is not required to contain a social security number of the deceased as is otherwise
required of a certificate of death under paragraph (a) of this subsection (1).
(d) [Editor’s note: Subsection (1)(d) is effective July 1, 2025.] If a certificate of death, copy of
certificate of death, certified copy of a certificate of death, or verification of death is recorded into the real estate
records of a county clerk and recorder, the document is a public record.
(2) When a death occurs in a moving conveyance in the United States and the body is first removed from the
conveyance in Colorado, the death shall be registered in Colorado, and the place where it is first removed shall be
considered the place of death. When a death occurs on a moving conveyance while in international air space or in a
foreign country or its air space and the body is first removed from the conveyance in Colorado, the death shall be
registered in Colorado, but the certificate shall show the actual place of death insofar as can be determined.
(3)
(a) The funeral director or person acting as such who first assumes custody of a dead body, stillborn fetus, or
dead fetus is responsible for the filing of the certificate of death required by subsection (1) of this section within
seventy-two hours after receipt of the electronic death registration request unless the physician, their associate
physician, the chief medical officer of the institution in which the death occurred, or the physician who performs
an autopsy upon the decedent is unable to complete the medical certification for the certificate of death within the
required time frame. The funeral director shall obtain the personal data required by the certificate from the next of
kin or the best qualified person or source available. The funeral director shall obtain the medical certification
necessary to complete the portion of the certificate pertaining to the cause of death from the best qualified person
or source available, pursuant to subsection (4) of this section.
(a.5)
(I) Except as otherwise provided in subsection (3)(a.5)(II) of this section, if a decedent had an established
primary care physician, the primary care physician is responsible for completing the medical certification for
the certificate of death in accordance with subsections (1)(a) and (4) of this section if:
(A) The death appears to be due to natural causes and is determined as such with a reasonable degree of
medical certainty;
(B) The decedent received medical care from the primary care physician within a year of the death;
(C) The death occurred when the decedent was not under the direct care of another physician charged
with the patient’s care during the illness or condition that resulted in death; and
(D) An inquiry is not required by section 30-10-606.
(II) If, within a year of the death, the decedent had been treated by a physician other than the decedent’s
established primary care physician for a chronic condition or terminal illness related to the decedent’s death
and the conditions set forth in subsections (3)(a.5)(I)(A) and (3)(a.5)(I)(D) of this section are met, that
physician is responsible for completing the medical certification for the certificate of death in accordance with
subsection (4) of this section.
(b) In the case of a stillborn fetus, notwithstanding the provisions of paragraph (a) of this subsection (3), the
physician, nurse, or other medical personnel attending to the stillborn death may assume responsibility for filing
the death certificate required by paragraph (a) of this subsection (3). The person filing the death certificate in the
case of a stillborn fetus shall obtain the personal data required by the certificate from a parent and shall include a
name on the death certificate if a parent desires to identify a name.
(c) If a death certificate is not filed in the case of a stillborn death as required by paragraph (a) of this subsection
(3), a parent may inform the state registrar of the information necessary to complete the death certificate. The
state registrar shall confirm such information and complete the death certificate accordingly.
(4) Except when inquiry is required by any provision of section 30-10-606 other than section 30-10-606 (1)(b), the
physician in charge of the patient’s care for the illness or condition that resulted in death shall complete the medical
certification for the certificate of death within seventy-two hours after receipt of the electronic death registration
request or, before March 1, 2024, only, for a physician who is not yet registered to use and using the electronic death
registration system used by the department of public health and environment and the state registrar pursuant to
subsection (1)(b)(I) of this section, within seventy-two hours after receiving notice that a medical certification for a
certificate of death must be completed. In the absence of said physician or with the physician’s approval, the certificate may be completed and signed by an associate physician, by the chief medical officer of the institution in which the death occurred, or by the physician who performed an autopsy upon the decedent, if such individual has access to the medical history of the case, if said individual views the decedent at or after the time of death, and if the death is due to natural causes. If the death is or may be due to unnatural causes, a physician required to complete a medical certification for a certificate of death in accordance with this subsection (4) shall notify the coroner or the medical examiner when an inquiry or an autopsy is required to be performed pursuant to sections 30-10-606 and 30-10-606.5. On and after March 1, 2024, a physician’s repeated or willful failure without reasonable cause to comply with timely completion of a medical certification for a certificate of death in accordance with subsection (1)(a) of this section and this subsection (4) constitutes unprofessional conduct, as defined in section 12-240-121 (1)(hh). If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and said information shall be reported on the death certificate as required by subsection (9) of this section. Except as otherwise provided in subsection (4.5) of this section, the physician or, in their absence, their designee in accordance with this subsection (4), shall complete the medical certification for a certificate of death required by this subsection (4) using the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section.
(4.5) The department of public health and environment shall ensure that all physicians are registered to use the
electronic death registration system created and used pursuant to subsection (1)(b)(I) of this section on or before
March 1, 2024. A physician shall use the system for all medical certifications for certificates of death required by
subsection (4) of this section immediately upon being registered but is not required to do so before being registered.
(5)
(a) When inquiry is required by section 30-10-606, the coroner shall determine the cause of death and shall
complete and sign the medical certification within forty-eight hours after receipt of the electronic death
registration request, except as permitted by subsection (5.5) of this section. If an autopsy is performed, the
certification must indicate whether the decedent was pregnant at the time of death, and the information must be
reported on the certificate of death as required by subsection (9) of this section. Except as otherwise provided in
subsection (4.5) of this section, a coroner, medical examiner, forensic pathologist, or other qualified individual that
determines the cause of death and completes the medical certification for a certificate of death in accordance with
this subsection (5) must use the electronic death registration system used by the department of public health and
environment and the state registrar pursuant to subsection (1)(b)(I) of this section.
(b) A coroner, medical examiner, forensic pathologist, or other qualified individual who completes the medical
certification for a certificate of death pursuant to this subsection (5) or subsection (5.5) or (6) of this section shall
not register “excited delirium” as the cause of death.
(c) For purposes of this subsection (5), “excited delirium” means a term used to describe a person’s state of
agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not
listed in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. “Excited delirium”
also includes excited delirium syndrome, hyperactive delirium, agitated delirium, and exhaustive mania.
(5.5) A coroner is not required to comply with subsection (5) of this section if the coroner, in good faith, determines
that additional time is needed to make a proper inquiry to determine the cause and manner of death of any individual in the coroner’s jurisdiction who has died under any circumstance specified in section 30-10-606 (1) or if the coroner is required to perform a forensic autopsy as required by section 30-10-606.5. In these situations, a coroner shall determine the cause of death and shall complete and sign the medical certification for a certificate of death as soon as is practicable and in accordance with subsection (6) of this section.
(6) If the cause of death cannot be determined within forty-eight hours after a death, the medical certification shall be completed as provided by rule. If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and said information shall be reported on the death certificate as required by subsection (9) of this section. The attending physician or coroner shall give the funeral director or person acting as such notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, final disposition of the body shall not be made until authorized by the coroner or the coroner’s designee.
(7) When a death is presumed to have occurred within Colorado 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 which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked “presumptive” and shall show on its face the date of registration and shall identify the court and the date of decree.
(8) Every funeral establishment shall maintain registration with the office of the state registrar and shall act in
accordance with the provisions of this article.
(9)
(a) If an autopsy is performed, a certificate of death shall identify whether the decedent was pregnant at the time
of death.
(b) The requirement in this subsection (9) and subsections (4), (5), and (6) of this section to indicate whether the
decedent was pregnant at the time of death shall be complied with when the person required to make the
designation has access to the certification form that permits compliance.
(10) Whenever in the Colorado Revised Statutes the terms “certificate of death” or “death certificate” are used, except
as to the initial certificate of death required pursuant to paragraph (a) of subsection (1) of this section, the same two
terms include a verification of death document that is certified by the state registrar and issued pursuant to paragraph
(c) of subsection (1) of this section.
(11) A deadline set forth in this section by which an individual is required to complete an action relating to a certificate of death or a medical certification for a certificate of death is extended by one day per day of closure if the business or facility at which the individual is employed is actually closed for an entire calendar day that is a weekend day or a legal holiday. Such a deadline is not extended if the business or facility is open for any portion of such a calendar day or if the business or facility is closed for an entire calendar day that is not a weekend day or a legal holiday.
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?
Colo. Rev. Stat. § 25-2-111
(1) Any person requested to act as funeral director for a dead body or otherwise whoever first assumes custody of a dead body shall, prior to final disposition of the body, obtain authorization for final disposition of the body. The office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, the coroner or the coroner’s designee shall authorize final disposition of the body on a form prescribed and furnished by the state registrar. No body shall be buried, cremated, deposited in a vault or tomb, or otherwise disposed of, nor shall any body be removed from this state, until such authorization has been obtained, completed, and approved. The coroner or the coroner’s designee shall include in the authorization notice of the requirements of subsection (7) of this section.
(2) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into
this state shall be authority for final disposition of the body or fetus in this state.
(3) Repealed.
(4) Any person who removes from the place of death or transports or finally disposes of a dead body or fetus, in
addition to filing any certificate or other form required by this article, shall keep a record which shall identify the body and such information pertaining to his receipt, removal, and delivery of such body as may be prescribed in regulations. Such record shall be retained for a period of not less than seven years and shall be made available for inspection by the state registrar or his representative upon demand.
(5) No sexton or other person in charge of any place in which interment or other disposition of dead bodies is made
shall inter or allow interment or other disposition of a dead body or fetus unless it is accompanied by authorization for final disposition.
(6) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus.
Such authorization shall be issued by the state registrar to a funeral director or person acting as such upon proper
application.
(7)
(a) The owner of land that is used to inter a dead human body shall record the burial within thirty days after the
burial with the county clerk and recorder of the county in which the land is situated. The owner shall record the
following:
(I) The dead person’s name as it appears on the death certificate;
(II) The dead person’s date of birth;
(III) The dead person’s age at the time of death;
(IV) The cause of death;
(V) The name of the owner or owners of the property where the dead human body is interred;
(VI) The legal description of the property where the dead human body is interred if the person is interred on
private property;
(VII) The reception number for the death certificate if recorded by the county clerk; and
(VIII) The latitude and longitude coordinates, such as those given by a global positioning system, that are
verified by two witnesses or the county coroner, sheriff, or a designee of the county coroner or sheriff.
(b) This subsection (7) does not apply to dead human bodies interred in cemeteries, vaults, or tombs operated or
maintained by public entities or businesses that inter people in the ordinary course of business and are available to
the general public.
[Of note: Burial transmit permits are generally issued when the death certificate is filed.]
(1) Any person requested to act as funeral director for a dead body or otherwise whoever first assumes custody of a dead body shall, prior to final disposition of the body, obtain authorization for final disposition of the body. The office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, the coroner or the coroner’s designee shall authorize final disposition of the body on a form prescribed and furnished by the state registrar. No body shall be buried, cremated, deposited in a vault or tomb, or otherwise disposed of, nor shall any body be removed from this state, until such authorization has been obtained, completed, and approved. The coroner or the coroner’s designee shall include in the authorization notice of the requirements of subsection (7) of this section.
(2) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into
this state shall be authority for final disposition of the body or fetus in this state.
(3) Repealed.
(4) Any person who removes from the place of death or transports or finally disposes of a dead body or fetus, in
addition to filing any certificate or other form required by this article, shall keep a record which shall identify the body and such information pertaining to his receipt, removal, and delivery of such body as may be prescribed in regulations. Such record shall be retained for a period of not less than seven years and shall be made available for inspection by the state registrar or his representative upon demand.
(5) No sexton or other person in charge of any place in which interment or other disposition of dead bodies is made
shall inter or allow interment or other disposition of a dead body or fetus unless it is accompanied by authorization for final disposition.
(6) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus.
Such authorization shall be issued by the state registrar to a funeral director or person acting as such upon proper
application.
(7)
(a) The owner of land that is used to inter a dead human body shall record the burial within thirty days after the
burial with the county clerk and recorder of the county in which the land is situated. The owner shall record the
following:
(I) The dead person’s name as it appears on the death certificate;
(II) The dead person’s date of birth;
(III) The dead person’s age at the time of death;
(IV) The cause of death;
(V) The name of the owner or owners of the property where the dead human body is interred;
(VI) The legal description of the property where the dead human body is interred if the person is interred on
private property;
(VII) The reception number for the death certificate if recorded by the county clerk; and
(VIII) The latitude and longitude coordinates, such as those given by a global positioning system, that are
verified by two witnesses or the county coroner, sheriff, or a designee of the county coroner or sheriff.
(b) This subsection (7) does not apply to dead human bodies interred in cemeteries, vaults, or tombs operated or
maintained by public entities or businesses that inter people in the ordinary course of business and are available to
the general public.
[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?
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