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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 Missouri area - please see the NHFA Directory listing located here
For help local to the Missouri 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.
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?
Mo. Code Regs. Ann. tit. 20, § 2120-2.070
(16) According to section 333.330, RSMo, the State Board of Embalmers and Funeral Directors may impose
disciplinary action for failure to obtain authorization to embalm from the person entitled to custody or control of the
body, if the body is embalmed. If the body is not embalmed, a Missouri licensed funeral establishment shall not hold
the unembalmed body for any longer than twenty-four (24) hours unless the unembalmed body is refrigerated in a
cooling unit at a temperature of forty degrees Fahrenheit (40° F) or cooler or encased in an airtight metal or metal-
lined burial case, casket or box that is closed and hermetically sealed. If the deceased gave written authorization to
embalm and did not revoke the authorization, the authorization shall satisfy this requirement. If the deceased did not give written authorization to embalm, the next of kin of the deceased may give authorization to embalm. Authorization to embalm may be given by the next of kin prior to the death of the person whose body is to be embalmed. Authorization to embalm given prior to death may be in any written document, including a preneed contract.
Mo. Ann. Stat. § 58.375
3. The coroner or his deputy shall contact the appropriate family member or legal representative of the deceased within six hours from discovery of death regarding disposition of the body. There shall be no solicitation by the coroner or his deputy regarding the funeral arrangements of the deceased. If no family member or legal representative can be found within six hours, the coroner shall order the embalming of the deceased body and the cost of such embalming shall be paid by a family member or the deceased’s legal representative when found. If no family member or legal representative can be found within ten days from the time the body was discovered, the provisions of section 58.460 shall apply.
Mo. Ann. Stat. § 58.460
Whenever an inquest shall be held, or any case in which the coroner is involved, if there be no relative or friend of the deceased, nor any person willing to bury the body, nor any person whose duty it is to attend to such burial, the coroner shall order the embalming of the body.
(16) According to section 333.330, RSMo, the State Board of Embalmers and Funeral Directors may impose
disciplinary action for failure to obtain authorization to embalm from the person entitled to custody or control of the
body, if the body is embalmed. If the body is not embalmed, a Missouri licensed funeral establishment shall not hold
the unembalmed body for any longer than twenty-four (24) hours unless the unembalmed body is refrigerated in a
cooling unit at a temperature of forty degrees Fahrenheit (40° F) or cooler or encased in an airtight metal or metal-
lined burial case, casket or box that is closed and hermetically sealed. If the deceased gave written authorization to
embalm and did not revoke the authorization, the authorization shall satisfy this requirement. If the deceased did not give written authorization to embalm, the next of kin of the deceased may give authorization to embalm. Authorization to embalm may be given by the next of kin prior to the death of the person whose body is to be embalmed. Authorization to embalm given prior to death may be in any written document, including a preneed contract.
Mo. Ann. Stat. § 58.375
3. The coroner or his deputy shall contact the appropriate family member or legal representative of the deceased within six hours from discovery of death regarding disposition of the body. There shall be no solicitation by the coroner or his deputy regarding the funeral arrangements of the deceased. If no family member or legal representative can be found within six hours, the coroner shall order the embalming of the deceased body and the cost of such embalming shall be paid by a family member or the deceased’s legal representative when found. If no family member or legal representative can be found within ten days from the time the body was discovered, the provisions of section 58.460 shall apply.
Mo. Ann. Stat. § 58.460
Whenever an inquest shall be held, or any case in which the coroner is involved, if there be no relative or friend of the deceased, nor any person willing to bury the body, nor any person whose duty it is to attend to such burial, the coroner shall order the embalming of the body.
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?
What are the relevant statutes in my state?
Coming soon.
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?
Mo. Ann. Stat. §194.200
(1) “Final disposition”, the burial, entombment, cremation, delivery to an educational or medical institution for
donation, delivery to the state anatomical board or removal from the state of the remains of a deceased
person;
(1) “Final disposition”, the burial, entombment, cremation, delivery to an educational or medical institution for
donation, delivery to the state anatomical board or removal from the state of the remains of a deceased
person;
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?
Mo. Ann. Stat. § 193.145
6. When death occurs from natural causes more than thirty-six hours after the decedent was last treated by a
physician, physician assistant, assistant physician, or advanced practice registered nurse, the case shall be
referred to the county medical examiner or coroner or physician or local registrar for investigation to determine and
certify the cause of death. If the death is determined to be of a natural cause, the medical examiner or
coroner or local registrar shall refer the certificate of death to the attending physician, physician assistant,
assistant physician, or advanced practice registered nurse for such certification. If the attending physician,
physician assistant, assistant physician, or advanced practice registered nurse refuses or is otherwise
unavailable, the medical examiner or coroner or local registrar shall attest to the accuracy of the certificate of
death either by signature or an approved electronic process within thirty-six hours.
7. If the circumstances suggest that the death was caused by other than natural causes, the medical examiner or
coroner shall determine the cause of death and shall, either by signature or an approved electronic process,
complete and attest to the accuracy of the medical certification within seventy-two hours after taking charge of the
case.
8. If the cause of death cannot be determined within seventy-two hours after death, the attending medical examiner,
coroner, attending physician, physician assistant, assistant physician, advanced practice registered nurse, or local
registrar shall give the funeral director, or person in charge of final disposition of the dead body, notice of the reason
for the delay, and final disposition of the body shall not be made until authorized by the medical examiner, coroner,
attending physician, physician assistant, assistant physician, advanced practice registered nurse, or local registrar.
6. When death occurs from natural causes more than thirty-six hours after the decedent was last treated by a
physician, physician assistant, assistant physician, or advanced practice registered nurse, the case shall be
referred to the county medical examiner or coroner or physician or local registrar for investigation to determine and
certify the cause of death. If the death is determined to be of a natural cause, the medical examiner or
coroner or local registrar shall refer the certificate of death to the attending physician, physician assistant,
assistant physician, or advanced practice registered nurse for such certification. If the attending physician,
physician assistant, assistant physician, or advanced practice registered nurse refuses or is otherwise
unavailable, the medical examiner or coroner or local registrar shall attest to the accuracy of the certificate of
death either by signature or an approved electronic process within thirty-six hours.
7. If the circumstances suggest that the death was caused by other than natural causes, the medical examiner or
coroner shall determine the cause of death and shall, either by signature or an approved electronic process,
complete and attest to the accuracy of the medical certification within seventy-two hours after taking charge of the
case.
8. If the cause of death cannot be determined within seventy-two hours after death, the attending medical examiner,
coroner, attending physician, physician assistant, assistant physician, advanced practice registered nurse, or local
registrar shall give the funeral director, or person in charge of final disposition of the dead body, notice of the reason
for the delay, and final disposition of the body shall not be made until authorized by the medical examiner, coroner,
attending physician, physician assistant, assistant physician, advanced practice registered nurse, or local registrar.
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?
Missouri uses an electronic vital records system.
Mo. Ann. Stat. § 193.145
1. A certificate of death for each death which occurs in this state shall be filed with the local registrar, or as otherwise
directed by the state registrar, within five days after death and shall be registered if such certificate has
been completed and filed pursuant to this section. All data providers in the death registration process, including,
but not limited to, the state registrar, local registrars, the state medical examiner, county medical examiners,
coroners, funeral directors or persons acting as such, embalmers, sheriffs, attending physicians and resident
physicians, physician assistants, assistant physicians, advanced practice registered nurses, and the chief medical
officers of licensed health care facilities, and other public or private institutions providing medical care, treatment,
or confinement to persons, shall be required to use and utilize any electronic death registration system required
and adopted under subsection 1 of section 193.265 within six months of the system being certified by the director
of the department of health and senior services, or the director’s designee, to be operational and available to all
data providers in the death registration process.
…
4. The funeral director or person in charge of final disposition of the dead body shall file the certificate of death. The funeral director or person in charge of the final disposition of the dead body shall obtain or verify and enter into the electronic death registration system:
(1) The personal data from the next of kin or the best qualified person or source available;
(2) The medical certification from the person responsible for such certification if designated to do so under
subsection 5 of this section; and
(3) Any other information or data that may be required to be placed on a death certificate or entered into the
electronic death certificate system including, but not limited to, the name and license number of the
embalmer.
5. The medical certification shall be completed, attested to its accuracy either by signature or an electronic
process approved by the department, and returned to the funeral director or person in charge of final disposition
within seventy-two hours after death by the physician, physician assistant, assistant physician, or advanced
practice registered nurse in charge of the patient’s care for the illness or condition which resulted in death. In the
absence of the physician, physician assistant, assistant physician, or advanced practice registered nurse or with
the physician’s, physician assistant’s, assistant physician’s, or advanced practice registered nurse’s approval the
certificate may be completed and attested to its accuracy either by signature or an approved electronic process
by the physician’s associate physician, the chief medical officer of the institution in which death occurred, or the
physician who performed an autopsy upon the decedent, provided such individual has access to the medical
history of the case, views the deceased at or after death and death is due to natural causes.
The person authorized to complete the medical certification may, in writing, designate any other person to enter the medical certification information into the electronic death registration system if the person authorized to complete the medical certificate has physically or by electronic process signed a statement stating the cause of death. Any
persons completing the medical certification or entering data into the electronic death registration system shall be
immune from civil liability for such certification completion, data entry, or determination of the cause of death,
absent gross negligence or willful misconduct. The state registrar may approve alternate methods of obtaining
and processing the medical certification and filing the death certificate. The Social Security number of any
individual who has died shall be placed in the records relating to the death and recorded on the death certificate.
Mo. Ann. Stat. § 193.145
1. A certificate of death for each death which occurs in this state shall be filed with the local registrar, or as otherwise
directed by the state registrar, within five days after death and shall be registered if such certificate has
been completed and filed pursuant to this section. All data providers in the death registration process, including,
but not limited to, the state registrar, local registrars, the state medical examiner, county medical examiners,
coroners, funeral directors or persons acting as such, embalmers, sheriffs, attending physicians and resident
physicians, physician assistants, assistant physicians, advanced practice registered nurses, and the chief medical
officers of licensed health care facilities, and other public or private institutions providing medical care, treatment,
or confinement to persons, shall be required to use and utilize any electronic death registration system required
and adopted under subsection 1 of section 193.265 within six months of the system being certified by the director
of the department of health and senior services, or the director’s designee, to be operational and available to all
data providers in the death registration process.
…
4. The funeral director or person in charge of final disposition of the dead body shall file the certificate of death. The funeral director or person in charge of the final disposition of the dead body shall obtain or verify and enter into the electronic death registration system:
(1) The personal data from the next of kin or the best qualified person or source available;
(2) The medical certification from the person responsible for such certification if designated to do so under
subsection 5 of this section; and
(3) Any other information or data that may be required to be placed on a death certificate or entered into the
electronic death certificate system including, but not limited to, the name and license number of the
embalmer.
5. The medical certification shall be completed, attested to its accuracy either by signature or an electronic
process approved by the department, and returned to the funeral director or person in charge of final disposition
within seventy-two hours after death by the physician, physician assistant, assistant physician, or advanced
practice registered nurse in charge of the patient’s care for the illness or condition which resulted in death. In the
absence of the physician, physician assistant, assistant physician, or advanced practice registered nurse or with
the physician’s, physician assistant’s, assistant physician’s, or advanced practice registered nurse’s approval the
certificate may be completed and attested to its accuracy either by signature or an approved electronic process
by the physician’s associate physician, the chief medical officer of the institution in which death occurred, or the
physician who performed an autopsy upon the decedent, provided such individual has access to the medical
history of the case, views the deceased at or after death and death is due to natural causes.
The person authorized to complete the medical certification may, in writing, designate any other person to enter the medical certification information into the electronic death registration system if the person authorized to complete the medical certificate has physically or by electronic process signed a statement stating the cause of death. Any
persons completing the medical certification or entering data into the electronic death registration system shall be
immune from civil liability for such certification completion, data entry, or determination of the cause of death,
absent gross negligence or willful misconduct. The state registrar may approve alternate methods of obtaining
and processing the medical certification and filing the death certificate. The Social Security number of any
individual who has died shall be placed in the records relating to the death and recorded on the death certificate.
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?
What are the relevant statutes in my state?
Mo. Ann. Stat. § 193.175
The funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased and/or in a capsule or other container placed in the casket or, if the dead body is cremated, on the inside of the vessel containing the remains, a tag encased in durable and long-lasting material containing the name of the deceased, the date of birth, date of death and Social Security number of the deceased.
The funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased and/or in a capsule or other container placed in the casket or, if the dead body is cremated, on the inside of the vessel containing the remains, a tag encased in durable and long-lasting material containing the name of the deceased, the date of birth, date of death and Social Security number of the deceased.
What are the experiences reported by others who have done this in my state?
Coming soon.
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