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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 Montana area - please see the NHFA Directory listing located here
For help local to the Montana 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?
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.
Does my state require the body to be embalmed?
What are the relevant statutes in my state?
Mont. Code Ann. § 37-19-705
(2) Human remains may not be cremated within 24 hours after the time of death.
(4) A crematory shall hold human remains, prior to their cremation, under the following conditions:
(a) In the event the crematory is unable to perform cremation upon receipt of the human remains, it
shall place the human remains in a holding facility.
(b) If the human remains are not embalmed, they may not be held longer than 48 hours after the time
of death outside of a refrigerated facility.
Mont. Code Ann. § 37-19-907
(3)(a) In the event of a dispute regarding the right of disposition, a mortician may not be held liable for
refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or
complete the arrangements for final disposition of the remains until the mortician receives a court order
or a written agreement signed by the parties to the disagreement that decides the final disposition of the
remains.
(b) If the mortician retains the remains for final disposition while the parties are in disagreement, the
mortician may embalm or refrigerate and shelter the body, or both, in order to preserve the body while
awaiting the final decision of the district court and may add the cost of embalming or refrigeration and
sheltering, or both, to the final disposition costs.
Mont. Admin. R. 37.116.103
(2) The body of a person who, at the time of death, did not have a disease listed in ARM 37.116.102(3):
(a) when removed from the place of death to a mortuary, must be transported by removal cot, transport
stretcher or alternative container;
(b) must be placed in a casket or alternative container in order to be transported by common carrier. If
such body is en route more than eight hours, or if the termination of common carrier transport occurs
more than 36 hours after the time of death, the body must be either embalmed or refrigerated at 35°F
or colder, so as to prevent or substantially retard decomposition and the resultant effluents and odors;
(c) when being transported by a private conveyer and the body will not reach its destination within 48
hours after the time of death, must be either embalmed or refrigerated at 35°F or colder, so as to
prevent or substantially retard decomposition and the resultant effluents and odors.
(2) Human remains may not be cremated within 24 hours after the time of death.
(4) A crematory shall hold human remains, prior to their cremation, under the following conditions:
(a) In the event the crematory is unable to perform cremation upon receipt of the human remains, it
shall place the human remains in a holding facility.
(b) If the human remains are not embalmed, they may not be held longer than 48 hours after the time
of death outside of a refrigerated facility.
Mont. Code Ann. § 37-19-907
(3)(a) In the event of a dispute regarding the right of disposition, a mortician may not be held liable for
refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or
complete the arrangements for final disposition of the remains until the mortician receives a court order
or a written agreement signed by the parties to the disagreement that decides the final disposition of the
remains.
(b) If the mortician retains the remains for final disposition while the parties are in disagreement, the
mortician may embalm or refrigerate and shelter the body, or both, in order to preserve the body while
awaiting the final decision of the district court and may add the cost of embalming or refrigeration and
sheltering, or both, to the final disposition costs.
Mont. Admin. R. 37.116.103
(2) The body of a person who, at the time of death, did not have a disease listed in ARM 37.116.102(3):
(a) when removed from the place of death to a mortuary, must be transported by removal cot, transport
stretcher or alternative container;
(b) must be placed in a casket or alternative container in order to be transported by common carrier. If
such body is en route more than eight hours, or if the termination of common carrier transport occurs
more than 36 hours after the time of death, the body must be either embalmed or refrigerated at 35°F
or colder, so as to prevent or substantially retard decomposition and the resultant effluents and odors;
(c) when being transported by a private conveyer and the body will not reach its destination within 48
hours after the time of death, must be either embalmed or refrigerated at 35°F or colder, so as to
prevent or substantially retard decomposition and the resultant effluents and odors.
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?
Montana law mentions burial, cremation, entombment, donation to medical science, and removal from
the state.
the state.
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?
Mont. Code Ann. § 37-19-705
(2) Human remains may not be cremated within 24 hours after the time of death.
Mont. Code Ann. § 7-4-2915
(1) In the course of an inquiry authorized under the provisions of 46-4-122, the coroner may take
custody of a dead human body and cause it to be removed from the site of death to a facility designated
by the coroner.
(2) A dead human body in the custody of a county coroner must be held until the coroner, after
consultation with appropriate law enforcement officials and the county attorney, establishes that it is
not necessary to hold the body to determine the reasonable and true cause of death or that the body is
no longer necessary to assist any local investigations.
(4) A dead human body in the custody of the coroner may be released by the coroner to the custody of
a person who is entitled to custody or to a funeral home.
(2) Human remains may not be cremated within 24 hours after the time of death.
Mont. Code Ann. § 7-4-2915
(1) In the course of an inquiry authorized under the provisions of 46-4-122, the coroner may take
custody of a dead human body and cause it to be removed from the site of death to a facility designated
by the coroner.
(2) A dead human body in the custody of a county coroner must be held until the coroner, after
consultation with appropriate law enforcement officials and the county attorney, establishes that it is
not necessary to hold the body to determine the reasonable and true cause of death or that the body is
no longer necessary to assist any local investigations.
(4) A dead human body in the custody of the coroner may be released by the coroner to the custody of
a person who is entitled to custody or to a funeral home.
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?
Mont. Code Ann. § 50-15-403
(1) A person in charge of disposition of a dead body or fetus that weighs at least 350 grams at death or,
if the weight is unknown, has reached 20 completed weeks of gestation at death shall obtain personal
data on the deceased, including the deceased's social security number, if any, or, in the case of a fetal
death, on the parents that is required by the department from persons best qualified to supply the data
and enter it on the death or fetal death certificate.
(2) The person in charge of disposition of the dead body or fetus shall present the death certificate to
the certifying physician, the certifying advanced practice registered nurse, or the coroner having
jurisdiction for medical certification of the cause of death. The medical certification must be completed
by the physician, the advanced practice registered nurse, or the coroner within the timeframe
established by the department by rule. The person in charge of disposition shall obtain the completed
certification of the cause of death from the physician, the advanced practice registered nurse, or the
coroner and shall, within the time that the department may prescribe by rule, file the death or fetal
death certificate with the local registrar in the registration area where the death occurred or, if the place
of death is unknown, where the dead body was discovered.
(3) If a dead body is found in this state but the place of death is unknown, the place where the body is
found must be shown as the place of death on the death certificate. If the date of death is unknown,
then the approximate date must be entered on the certificate. If the date cannot be approximated, the date that the body was found must be entered as the date of death, and the certificate must indicate that
fact.
(4) When a death occurs in a moving vehicle, as defined in 45-2-101, in the United States and the body
is first removed from the vehicle in this state, the death must be registered in this state and the place
where the body is first removed is considered the place of death. When a death occurs in a moving
vehicle while in international air space or in a foreign country or its air space and the body is first
removed from the vehicle in this state, the death must be registered in this state, but the actual place of
death, insofar as it can be determined, must be entered on the death certificate.
Mont. Code Ann. § 50-15-404
(1) If the death or fetal death occurred without medical attendance or the physician or advanced
practice registered nurse last in attendance failed to sign the death certificate, the local registrar may
complete the certificate on the basis of information received from persons having knowledge of the
facts.
(2) If it appears the death or fetal death resulted from other than natural causes, the local registrar shall
notify the coroner and the state medical examiner for investigation and certification.
(1) A person in charge of disposition of a dead body or fetus that weighs at least 350 grams at death or,
if the weight is unknown, has reached 20 completed weeks of gestation at death shall obtain personal
data on the deceased, including the deceased's social security number, if any, or, in the case of a fetal
death, on the parents that is required by the department from persons best qualified to supply the data
and enter it on the death or fetal death certificate.
(2) The person in charge of disposition of the dead body or fetus shall present the death certificate to
the certifying physician, the certifying advanced practice registered nurse, or the coroner having
jurisdiction for medical certification of the cause of death. The medical certification must be completed
by the physician, the advanced practice registered nurse, or the coroner within the timeframe
established by the department by rule. The person in charge of disposition shall obtain the completed
certification of the cause of death from the physician, the advanced practice registered nurse, or the
coroner and shall, within the time that the department may prescribe by rule, file the death or fetal
death certificate with the local registrar in the registration area where the death occurred or, if the place
of death is unknown, where the dead body was discovered.
(3) If a dead body is found in this state but the place of death is unknown, the place where the body is
found must be shown as the place of death on the death certificate. If the date of death is unknown,
then the approximate date must be entered on the certificate. If the date cannot be approximated, the date that the body was found must be entered as the date of death, and the certificate must indicate that
fact.
(4) When a death occurs in a moving vehicle, as defined in 45-2-101, in the United States and the body
is first removed from the vehicle in this state, the death must be registered in this state and the place
where the body is first removed is considered the place of death. When a death occurs in a moving
vehicle while in international air space or in a foreign country or its air space and the body is first
removed from the vehicle in this state, the death must be registered in this state, but the actual place of
death, insofar as it can be determined, must be entered on the death certificate.
Mont. Code Ann. § 50-15-404
(1) If the death or fetal death occurred without medical attendance or the physician or advanced
practice registered nurse last in attendance failed to sign the death certificate, the local registrar may
complete the certificate on the basis of information received from persons having knowledge of the
facts.
(2) If it appears the death or fetal death resulted from other than natural causes, the local registrar shall
notify the coroner and the state medical examiner for investigation and certification.
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?
Mont. Code Ann. § 50-15-405
(1) Except as provided in subsection (2), a dead body may be removed from the place of death only
upon the written authorization or oral authorization, which must be reduced to writing within 24 hours,
of the physician in attendance at death or the physician's designee, the advanced practice registered
nurse in attendance at death, the coroner having jurisdiction, or a mortician licensed under 37-19-302.
(2) If the death requires inquiry under 46-4-122, the written authorization may only be granted by the
coroner having jurisdiction or the coroner's designee or by the state medical examiner if the coroner
fails to act. However, when the only reason for inquiry under 46-4-122 is that the body is to be
cremated, the coroner may grant oral authorization for cremation of the body, which must be reduced
to writing as specified under subsection (1) by the coroner.
(3) The written authorization to move a dead body or, when applicable, to cremate a dead body must be
made in quadruplicate on a form provided by the department. The person in charge of disposition of
the dead body, the coroner having jurisdiction, and the local registrar must each be provided with and
retain a copy of the authorization. A fourth copy may accompany the body to final disposition, as
necessary.
(4) A written authorization issued under this section permits removal, transportation, and final
disposition of a dead body.
(1) Except as provided in subsection (2), a dead body may be removed from the place of death only
upon the written authorization or oral authorization, which must be reduced to writing within 24 hours,
of the physician in attendance at death or the physician's designee, the advanced practice registered
nurse in attendance at death, the coroner having jurisdiction, or a mortician licensed under 37-19-302.
(2) If the death requires inquiry under 46-4-122, the written authorization may only be granted by the
coroner having jurisdiction or the coroner's designee or by the state medical examiner if the coroner
fails to act. However, when the only reason for inquiry under 46-4-122 is that the body is to be
cremated, the coroner may grant oral authorization for cremation of the body, which must be reduced
to writing as specified under subsection (1) by the coroner.
(3) The written authorization to move a dead body or, when applicable, to cremate a dead body must be
made in quadruplicate on a form provided by the department. The person in charge of disposition of
the dead body, the coroner having jurisdiction, and the local registrar must each be provided with and
retain a copy of the authorization. A fourth copy may accompany the body to final disposition, as
necessary.
(4) A written authorization issued under this section permits removal, transportation, and final
disposition of a dead body.
What are the experiences reported by others who have done this in my state?
Coming soon.
Questions? Feedback?
Do you have questions about this information or want to offer feedback? Email us.
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