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Minnesota

Legal Requirements for Home Funerals

Last Updated: October 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. 

For help local to the
 Minnesota area - please see the NHFA Directory listing located here 

Questions

  • ​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?
    • Are there any circumstances under which I would be required to wait before final disposition?
    • ​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.​​    

Review Our Sources

Read the original legal sources for your state here.
Original Legal Sources

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?

Minn. Stat. Ann. § 149A.91
(a) A dead human body must be embalmed by a licensed mortician or registered intern or practicum student or clinical student, refrigerated, or packed in dry ice in the following circumstances:

(1) if the body will be transported by public transportation, pursuant to section 149A.93, subdivision 7;

(2) if final disposition will not be accomplished within 72 hours after death or release of the body by a
competent authority with jurisdiction over the body or the body will be lawfully stored for final disposition in the future, except as provided in section 149A.94, subdivision 1;


(3) if the body will be publicly viewed subject to paragraph (b); or

(4) if so ordered by the commissioner of health for the control of infectious disease and the protection of the
public health.

(b) For purposes of this subdivision, “publicly viewed” means reviewal of a dead human body by anyone other than
those mentioned in section 149A.80, subdivision 2, and their minor children. Dry ice may only be used when the dead human body is publicly viewed within private property.
​
(c) A body may not be kept in refrigeration for a period that exceeds six calendar days, or packed in dry ice for a period that exceeds four calendar days, from the time and release of the body from the place of death or from the time of release from the coroner or medical examiner.

Minn. Stat. Ann. § 149A.80, subdivision 2 mentions spouse, adult children, parents, adult siblings, adult grandchildren, grandparents, adult nieces and nephews, guardian, and “an adult who exhibited special care and concern for the decedent.”

Minn. Stat. § 149A.01
Subdivision 1. Purpose. — This chapter regulates the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies for purposes of public health and protection of the public.

Subd. 2. Scope. — In Minnesota no person shall, without being licensed by the commissioner of health:
(1) take charge of or remove from the place of death a dead human body;
(2) prepare a dead human body for final disposition, in any manner; or
(3) arrange, direct, or supervise a funeral, memorial service, or graveside service.

Subd. 3. Exceptions to licensure.
(b) This chapter does not apply to or interfere with the recognized customs or rites of any culture or recognized
religion in the ceremonial washing, dressing, casketing, and public transportation of their dead to the extent that all
other provisions of this chapter are complied with.

(c) Noncompensated persons with the right to control the dead human body, under section 149A.80, subdivision
2, may remove a body from the place of death; transport the body; prepare the body for disposition, except
embalming; or arrange for final disposition of the body, provided that all actions are in compliance with this
chapter.

(f) An unlicensed person may arrange for and direct or supervise a memorial service if that person or that
person’s employer does not have charge of the dead human body. An unlicensed person may not take charge of
the dead human body, unless that person has the right to control the dead human body under section 149A.80,
subdivision 2, or is that person’s noncompensated designee.

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?

Minn. Stat. Ann. § 149A.91
(a) A dead human body must be embalmed by a licensed mortician or registered intern or practicum student or clinical student, refrigerated, or packed in dry ice in the following circumstances:

(1) if the body will be transported by public transportation, pursuant to section 149A.93, subdivision 7;

(2) if final disposition will not be accomplished within 72 hours after death or release of the body by a
competent authority with jurisdiction over the body or the body will be lawfully stored for final disposition in
the future, except as provided in section 149A.94, subdivision 1;

(3) if the body will be publicly viewed subject to paragraph (b); or

(4) if so ordered by the commissioner of health for the control of infectious disease and the protection of the
public health.

(b) For purposes of this subdivision, “publicly viewed” means reviewal of a dead human body by anyone other than
those mentioned in section 149A.80, subdivision 2, and their minor children. Dry ice may only be used when the dead human body is publicly viewed within private property.

(c) A body may not be kept in refrigeration for a period that exceeds six calendar days, or packed in dry ice for a period that exceeds four calendar days, from the time and release of the body from the place of death or from the time of release from the coroner or medical examiner.

Subd. 4. Authorization to embalm. No dead human body shall be embalmed without written authorization. Written
authorization to embalm a dead human body must be obtained from the individual lawfully entitled to custody of the
body or the individual's legal designee as soon as is practicable following the death. Oral permission to embalm shall constitute an effective authorization to embalm if the individual seeking permission uses the word “embalm,” briefly explains the nature of embalming, and briefly outlines the existing laws regulating the timing and reasons for
embalming, and obtains written authorization as soon as is possible thereafter. The original written authorization to
embalm shall be maintained in the records of the funeral establishment that causes the embalming to be performed
and a copy of the authorization must be delivered to the person who has legal right to control the disposition or that
person's legal designee. Predeath directives authorizing embalming, duly executed by the deceased, shall be given full legal effect and shall constitute an effective authorization to embalm under this subdivision. When embalming is required by subdivision 3, permission to embalm shall, as a matter of law, be implied.


Minn. Stat. Ann. § 149A.94
Every dead human body lying within the state, except unclaimed bodies delivered for dissection by the medical
examiner, those delivered for anatomical study pursuant to section 149A.81, subdivision 2, or lawfully carried through the state for the purpose of disposition elsewhere; and the remains of any dead human body after dissection or anatomical study, shall be decently buried or entombed in a public or private cemetery, alkaline hydrolyzed, cremated, or, effective July 1, 2025, naturally reduced within a reasonable time after death. Where final disposition of a body will not be accomplished, or, effective July 1, 2025, when natural organic reduction will not be initiated, within 72 hours following death or release of the body by a competent authority with jurisdiction over the body, the body must be properly embalmed, refrigerated, or packed with dry ice. A body may not be kept in refrigeration for a period exceeding six calendar days, or packed in dry ice for a period that exceeds four calendar days, from the time of death or release of the body from the coroner or medical examiner.

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?

Minn. Stat. Ann. § 149A.02
Subd. 16. “Final disposition” means the acts leading to and the entombment, burial in a cemetery, alkaline hydrolysis,
cremation, or, effective July 1, 2025, natural organic reduction of a dead human body.

Minn. Stat. Ann. § 149A.94
Every dead human body lying within the state, except unclaimed bodies delivered for dissection by the medical
examiner, those delivered for anatomical study pursuant to section 149A.81, subdivision 2, or lawfully carried through the state for the purpose of disposition elsewhere; and the remains of any dead human body after dissection or anatomical study, shall be decently buried or entombed in a public or private cemetery, alkaline hydrolyzed, cremated, or, effective July 1, 2025, naturally reduced within a reasonable time after death. Where final disposition of a body will not be accomplished, or, effective July 1, 2025, when natural organic reduction will not be initiated, within 72 hours following death or release of the body by a competent authority with jurisdiction over the body, the body must be properly embalmed, refrigerated, or packed with dry ice. A body may not be kept in refrigeration for a period exceeding six calendar days, or packed in dry ice for a period that exceeds four calendar days, from the time of death or release of the body from the coroner or medical examiner.

What are the experiences reported by others who have done this in my state?

Coming soon.

Are there any circumstances under which I would be required to wait before final disposition?


What are the relevant statutes in my state?

There are no statutes or regulations that address this question.

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?

Minn. Stat. Ann. § 149A.90
Subdivision 1. Death record. (a) Except as provided in this section, a death record must be completed and filed for
every known death by the mortician, funeral director, or other person lawfully in charge of the final disposition of the
body.
(b) If the body is that of an individual whose identity is unknown, the person in charge of the final disposition of the
body must notify the commissioner for purposes of compliance with section 144.05, subdivision 4.

Subd. 2. Removal from place of death. No person subject to regulation under this chapter shall remove or cause to
be removed any dead human body from the place of death without being licensed or registered by the commissioner. Every dead human body shall be removed from the place of death by a licensed mortician or funeral director, except as provided in section 149A.01, subdivision 3.

Subd. 3. Referrals to coroner or medical examiner. Referrals to the coroner or medical examiner are outlined in
section 390.11.

Subd. 4. Certificate of removal. No dead human body shall be removed from the place of death by a mortician,
funeral director, or transfer care specialist or by a noncompensated person with the right to control the dead human
body without the completion of a certificate of removal and, where possible, presentation of a copy of that certificate
to the person or a representative of the legal entity with physical or legal custody of the body at the death site. The
certificate of removal shall be in the format provided by the commissioner that contains, at least, the following
information:

Statute C:
Minn. Stat. Ann. § 144.221 (LexisNexis, Lexis Advance through chapter 127 of the 2024 Regular Session.***)


Subdivision 1. When and where to file. — A death record for each death which occurs in the state shall be filed with the state registrar within five days after death and prior to final disposition.

Subd. 2. Rules governing death registration. — The commissioner of health shall establish in rule an orderly
mechanism for the registration of deaths including at least a designation for who must file the death record, a
procedure for the registration of deaths in moving conveyances, and provision to include cause and certification of
death and assurance of registration prior to final disposition.

Subd. 3. When no body is found. — When circumstances suggest that a death has occurred although a dead body
cannot be produced to confirm the fact of death, a death record shall not be registered until a court has adjudicated
the fact of death.

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?

Minn. Stat. Ann. § 149A.93
Subdivision 1. Permits required. After removal from the place of death to any location where the body is held
awaiting final disposition, further transportation of the body shall require a certificate of removal. The certificate of
removal shall contain the information required in the format as furnished by the commissioner.

Subd. 2. Certificate of removal. A certificate of removal is required when:
(1) legal and physical custody of the body is transferred;
(2) a body is transported by public transportation; or
(3) a body is removed from the state.

Subd. 2a. Retention of certificate of removal. A copy of the certificate of removal shall be retained by the funeral
establishment or representative of the legal entity releasing legal and physical custody of the body. The original
certificate of removal shall accompany the remains to the legal entity to which custody is transferred. The funeral
establishment releasing the custody of the remains shall retain a copy of the certificate of removal for a period of three calendar years following the date of the transfer of custody. Following this period, and subject to any other laws requiring retention of records, the funeral establishment may then place the records in storage or reduce them to microfilm, microfiche, laser disc, or any other method that can produce an accurate reproduction of the original
record, for retention for a period of ten calendar years from the date of the removal of the body. At the end of this
period and subject to any other laws requiring retention of records, the funeral establishment may destroy the records by shredding, incineration, or any other manner that protects the privacy of the individuals identified in the records.

Subd. 3. Disposition permit. A disposition permit is required before a body can be buried, entombed, alkaline
hydrolyzed, cremated, or, effective July 1, 2025, naturally reduced. No disposition permit shall be issued until a fact of
death record has been completed and filed with the state registrar of vital records.

Subd. 4. Possession of permit. Until the body is delivered for final disposition, the disposition permit shall be in
possession of the person in physical or legal custody of the body, or attached to the transportation container which
holds the body. At the place of final disposition, legal and physical custody of the body shall pass with the filing of the
disposition permit with the person in charge of that place.

Subd. 5. Death outside state; disposition permit. When a death occurs outside of the state and the body travels
into or through this state, the body must be accompanied by a permit for burial, removal, or other disposition issued in accordance with the laws and rules of the state where the death occurred.

Subd. 6. Conveyances permitted for transportation. A dead human body may be transported by means of private
vehicle or private aircraft, provided that the body must be encased in an appropriate container, that meets the
following standards:
(1) promotes respect for and preserves the dignity of the dead human body;
(2) shields the body from being viewed from outside of the conveyance;
(3) has ample enclosed area to accommodate a cot, stretcher, rigid tray, casket, alternative container, alkaline hydrolysis container, or cremation container in a horizontal position;

(4) is designed to permit loading and unloading of the body without excessive tilting of the cot, stretcher, rigid tray,
casket, alternative container, alkaline hydrolysis container, or cremation container; and

(5) if used for the transportation of more than one dead human body at one time, the vehicle must be designed so that a body or container does not rest directly on top of another body or container and that each body or container is secured to prevent the body or container from excessive movement within the conveyance. A vehicle that is a dignified conveyance and was specified for use by the deceased or by the family of the deceased may
be used to transport the body to the place of final disposition.

Subd. 7. Transportation procedures. When a dead human body is transported by public transportation, it must be
properly embalmed and enclosed in a casket or alternative container and an appropriate outside shipping container. All applicable regulations and policies of the carrier must be followed. When transportation is by any private vehicle or aircraft, the outside shipping container may be omitted or the casket or alternative container and the outside container may both be omitted and, in such case, the body shall be wrapped in a sheet that is impervious to liquids, covered in such a manner that the body cannot be viewed, encased in a secure pouch, and placed on a cot, stretcher, or rigid tray.

Subd. 8. Who may transport. A dead human body may be transported by unlicensed personnel according to section 149A.90. A licensed mortician or funeral director who directs the transport of a dead human body by unlicensed personnel shall be held strictly accountable for compliance with this chapter.

What are the experiences reported by others who have done this in my state?

Coming soon.

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