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Legal Requirements for Home Funerals
Last Updated: September 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 Kansas area - please see the NHFA Directory listing located here
For help local to the Kansas 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?
Kan. Stat. Ann. § 65-1753
(a) Except as otherwise provided by law and in accordance with any applicable legal requirements, a dead human body which is removed from the location of death shall be transported only to a licensed funeral establishment, a licensed branch funeral establishment containing an embalming preparation room or a holding facility, a licensed crematory containing a holding facility, a hospital, a cemetery, a coroner or medical examiner facility, the university of Kansas medical center, a federally certified organ procurement organization serving the state of Kansas or other location of final disposition.
(b) A dead human body which is to be removed in accordance with subsection (a) to a federally certified organ procurement organization serving the state of Kansas shall be removed only upon the release of a person listed in the order of priority pursuant to K.S.A. 2013 Supp. 65-3228, and amendments thereto.
(a) Except as otherwise provided by law and in accordance with any applicable legal requirements, a dead human body which is removed from the location of death shall be transported only to a licensed funeral establishment, a licensed branch funeral establishment containing an embalming preparation room or a holding facility, a licensed crematory containing a holding facility, a hospital, a cemetery, a coroner or medical examiner facility, the university of Kansas medical center, a federally certified organ procurement organization serving the state of Kansas or other location of final disposition.
(b) A dead human body which is to be removed in accordance with subsection (a) to a federally certified organ procurement organization serving the state of Kansas shall be removed only upon the release of a person listed in the order of priority pursuant to K.S.A. 2013 Supp. 65-3228, and amendments thereto.
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?
Kan. Admin. Regs. § 63-3-11
A dead human body shall not be transported by private conveyance or common carrier until the following conditions are met.
(a) Any unembalmed body released by the family or proper authority, other than a body dead with an infectious or contagious disease, may be transported by private conveyance within the state of Kansas if:
(1) A certificate of death has been filed according to laws and regulations set forth by the Kansas state department of health and environment; and
(2) after the body has been released to a funeral director, any transportation is supervised personally by the funeral director.
(b) In addition to meeting the requirements of subsection (a), each body dead with an infectious or contagious disease shall be handled pursuant to K.A.R. 63-3-10 prior to being transported by private conveyance or common carrier.
(c) A body dead from any cause may be transported by common carrier if:
(1) The body has been prepared and properly disinfected by arterial and cavity injection with an approved disinfecting fluid having a minimum phenol coefficient equal to that of a five percent formaldehyde solution. The amount of the fluid injected shall not be less than 1/10 of the body weight;
(2) all body orifices have been disinfected and plugged with dry cotton;
(3) the body has been washed with five percent formaldehyde or other disinfectant of equivalent coefficient; and
(4) the body is encased in a shipping case which is acceptable under the rules of the common carrier.
(d) A body dead from any cause may be interred or cremated without embalming if interment or cremation is within 24 hours of death. A reasonable period of time beyond 24 hours may be permitted if:
(1) religious beliefs, laws or customs do not permit transportation or interments on Sabbath or holy days; and
(2) no health hazard or nuisance will result from such a delay. Each body dead with an infectious or contagious disease shall be handled pursuant to K.A.R. 63-3-10.
(e) A body dead from any cause other than infectious or contagious disease may be interred or cremated without embalming if embalming would violate personal or religious beliefs and a health hazard or nuisance will not result. An unembalmed body may be retained in storage at a constant temperature of less than 40 degrees Fahrenheit. When that body is removed from storage and transported, the body shall reach its final destination within 24 hours following the removal from storage. If the body is placed in a metal or metallined hermetically sealed container immediately after death, the body may be considered an embalmed body, for the purpose of transportation.
(f) If a casket has not been used in the preparation and transportation of a body that is to be cremated, the body shall be placed in a suitable combustible container which shall be permanently closed before being released to a receiving crematory.
(g) This regulation shall not apply to bodies donated to the university of Kansas school of medicine.
Kan. Admin. Regs. § 63-3-10
(b) When death has occurred from meningococcal infection, Ebola virus infection, Lassa fever, anthrax, rabies, brucellosis, or any other infectious or contagious disease known to be transmissible from human corpses to living humans as determined by the secretary of the department of health and environment, the body shall be handled and prepared by a licensed Kansas embalmer. If any of the above-described infections occurred or was reasonably suspected to be present at the time of death, the body shall be embalmed and placed in a casket or suitable combustible container before transporting and final disposition.
(c) Any body dead from one of the above-described infectious diseases may be cremated or buried without embalming if final disposition takes place within 24 hours of death. Each unembalmed body to be buried within 24 hours following death shall be placed in a metal-lined, hermetically sealed container before burial. Each unembalmed body to be cremated within 24 hours following death shall be placed in a suitable combustible container.
[Note: Embalming is not required in any state except by very specific conditions.]
A dead human body shall not be transported by private conveyance or common carrier until the following conditions are met.
(a) Any unembalmed body released by the family or proper authority, other than a body dead with an infectious or contagious disease, may be transported by private conveyance within the state of Kansas if:
(1) A certificate of death has been filed according to laws and regulations set forth by the Kansas state department of health and environment; and
(2) after the body has been released to a funeral director, any transportation is supervised personally by the funeral director.
(b) In addition to meeting the requirements of subsection (a), each body dead with an infectious or contagious disease shall be handled pursuant to K.A.R. 63-3-10 prior to being transported by private conveyance or common carrier.
(c) A body dead from any cause may be transported by common carrier if:
(1) The body has been prepared and properly disinfected by arterial and cavity injection with an approved disinfecting fluid having a minimum phenol coefficient equal to that of a five percent formaldehyde solution. The amount of the fluid injected shall not be less than 1/10 of the body weight;
(2) all body orifices have been disinfected and plugged with dry cotton;
(3) the body has been washed with five percent formaldehyde or other disinfectant of equivalent coefficient; and
(4) the body is encased in a shipping case which is acceptable under the rules of the common carrier.
(d) A body dead from any cause may be interred or cremated without embalming if interment or cremation is within 24 hours of death. A reasonable period of time beyond 24 hours may be permitted if:
(1) religious beliefs, laws or customs do not permit transportation or interments on Sabbath or holy days; and
(2) no health hazard or nuisance will result from such a delay. Each body dead with an infectious or contagious disease shall be handled pursuant to K.A.R. 63-3-10.
(e) A body dead from any cause other than infectious or contagious disease may be interred or cremated without embalming if embalming would violate personal or religious beliefs and a health hazard or nuisance will not result. An unembalmed body may be retained in storage at a constant temperature of less than 40 degrees Fahrenheit. When that body is removed from storage and transported, the body shall reach its final destination within 24 hours following the removal from storage. If the body is placed in a metal or metallined hermetically sealed container immediately after death, the body may be considered an embalmed body, for the purpose of transportation.
(f) If a casket has not been used in the preparation and transportation of a body that is to be cremated, the body shall be placed in a suitable combustible container which shall be permanently closed before being released to a receiving crematory.
(g) This regulation shall not apply to bodies donated to the university of Kansas school of medicine.
Kan. Admin. Regs. § 63-3-10
(b) When death has occurred from meningococcal infection, Ebola virus infection, Lassa fever, anthrax, rabies, brucellosis, or any other infectious or contagious disease known to be transmissible from human corpses to living humans as determined by the secretary of the department of health and environment, the body shall be handled and prepared by a licensed Kansas embalmer. If any of the above-described infections occurred or was reasonably suspected to be present at the time of death, the body shall be embalmed and placed in a casket or suitable combustible container before transporting and final disposition.
(c) Any body dead from one of the above-described infectious diseases may be cremated or buried without embalming if final disposition takes place within 24 hours of death. Each unembalmed body to be buried within 24 hours following death shall be placed in a metal-lined, hermetically sealed container before burial. Each unembalmed body to be cremated within 24 hours following death shall be placed in a suitable combustible container.
[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?
Kansas statutes refer to cremation, burial, entombment, donation to science, and removal from the state.
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?
Kan. Stat. Ann. § 65-2412
(a) A death certificate or stillbirth certificate for each death or stillbirth that occurs in this state shall be filed with the state registrar within three days after such death and prior to removal of the body from the state and shall be registered by the state registrar if such death certificate or stillbirth certificate has been completed and filed in accordance with this section. If the place of death is unknown, a death certificate shall be filed indicating the location where the body was found as the place of death. A certificate shall be filed within three days after such occurrence; if death occurs in a moving conveyance, the death certificate shall record the location where the dead body was first removed from such conveyance as the place of death.
(b)
(1) The funeral director or person acting as such who first assumes custody of a dead body shall file the death certificate. Such person shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the certification of cause of death from the cause of death certifier who was last in attendance prior to burial.
(2) The death certificate filed with the state registrar shall be the official death record, except that a funeral director licensed pursuant to K.S.A. 65-1714, and amendments thereto, may verify as true and accurate information pertaining to a death on a form provided by the state registrar, and any such form, verified within 21 days of date of death, shall be prima facie evidence of the facts pertaining to establishing such death.
(3) The secretary of health and environment shall fix and collect a fee for each form provided to a funeral director pursuant to this subsection. The fee shall be collected at the time the form is provided to the funeral director and shall be in the same amount as the fee for a certified copy of a death certificate.
(c) When death occurred without medical attendance or when inquiry is required by the laws relating to postmortem examinations, the coroner shall investigate the cause of death and shall complete and sign the certification of cause of death within 24 hours after receipt of the death certificate or as provided in K.S.A. 65-2414, and amendments thereto.
(d) In every instance a certificate shall be filed prior to interment or disposal of the body.
(e) Any death certificate, stillbirth certificate or certification of cause of death required to be filed by this section shall be filed through the Kansas electronic death registration system maintained by the Kansas department of health and environment.
(a) A death certificate or stillbirth certificate for each death or stillbirth that occurs in this state shall be filed with the state registrar within three days after such death and prior to removal of the body from the state and shall be registered by the state registrar if such death certificate or stillbirth certificate has been completed and filed in accordance with this section. If the place of death is unknown, a death certificate shall be filed indicating the location where the body was found as the place of death. A certificate shall be filed within three days after such occurrence; if death occurs in a moving conveyance, the death certificate shall record the location where the dead body was first removed from such conveyance as the place of death.
(b)
(1) The funeral director or person acting as such who first assumes custody of a dead body shall file the death certificate. Such person shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the certification of cause of death from the cause of death certifier who was last in attendance prior to burial.
(2) The death certificate filed with the state registrar shall be the official death record, except that a funeral director licensed pursuant to K.S.A. 65-1714, and amendments thereto, may verify as true and accurate information pertaining to a death on a form provided by the state registrar, and any such form, verified within 21 days of date of death, shall be prima facie evidence of the facts pertaining to establishing such death.
(3) The secretary of health and environment shall fix and collect a fee for each form provided to a funeral director pursuant to this subsection. The fee shall be collected at the time the form is provided to the funeral director and shall be in the same amount as the fee for a certified copy of a death certificate.
(c) When death occurred without medical attendance or when inquiry is required by the laws relating to postmortem examinations, the coroner shall investigate the cause of death and shall complete and sign the certification of cause of death within 24 hours after receipt of the death certificate or as provided in K.S.A. 65-2414, and amendments thereto.
(d) In every instance a certificate shall be filed prior to interment or disposal of the body.
(e) Any death certificate, stillbirth certificate or certification of cause of death required to be filed by this section shall be filed through the Kansas electronic death registration system maintained by the Kansas department of health and environment.
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?
Kan. Stat. Ann. § 65-2428a
No dead body located in this state shall be transported to a location outside the boundaries of this state, either by commercial or private conveyance, without a permit issued by a funeral director or the state registrar on a form provided by the state registrar.
This section shall be a part of and supplemental to the uniform vital statistics act.
No dead body located in this state shall be transported to a location outside the boundaries of this state, either by commercial or private conveyance, without a permit issued by a funeral director or the state registrar on a form provided by the state registrar.
This section shall be a part of and supplemental to the uniform vital statistics act.
What are the experiences reported by others who have done this in my state?
Coming soon.
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