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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 Nebraska area - please see the NHFA Directory listing located here
For help local to the Nebraska 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?
172 Neb. Admin. Code Ch. 68, 006
The following applies to transportation and final disposition of dead human bodies who have died due to a
communicable disease, transporting a dead human body in-state and out-of-state, and final disposition requirements.
006.01 DECEASED DUE TO AN IMMEDIATELY REPORTABLE COMMUNICABLE DISEASE. Persons who
have died due to any communicable disease listed in 173 NAC 1, which must be reported immediately, must be
completely wrapped before removal from the premises. These requirements do not prohibit a public funeral, nor does it relieve persons who are quarantined as contacts from quarantine requirements. Bodies dead of such communicable diseases must be:
(1) Thoroughly and promptly embalmed and be held in isolation from the public for a period of 24 hours following
the embalming;
(2) Encased immediately after death in a body transfer case or shipping case that is constructed out of 20 gauge steel
and is hermetically sealed, and under no condition will the body be removed from the container; or
(3) Cremated immediately. If visitation is to occur prior to cremation, the body must be thoroughly and promptly
embalmed and held in isolation from the public for a period of 24 hours following the embalming.
173 Neb. Admin. Code Ch. 1, 1-004
The following diseases, poisonings, and organisms are declared to be communicable or dangerous or both to the
public. Incidents of diseases, poisonings, and organisms must be reported as described in 173 NAC 1-004.01 through
1-004.03, 1-005, and 1-006.
1-004.01 Immediate Reports
1-004.01A The following diseases, poisonings, and organisms must be reported immediately:
172 Neb. Admin. Code Ch. 68, 006
006.03 IN-STATE TRANSPORTATION. Dead human bodies, which have not been embalmed, may not be
transported by common carrier, unless the body is placed immediately after death in a body transfer case or shipping case that is constructed out of 20 gauge steel and is hermetically sealed. Transportation may be made by privately owned conveyance under the supervision and responsibility of a licensed funeral Director. Embalmed bodies may be transported by either common carrier or private carrier.
172 Neb. Admin. Code Ch. 68, 006
006.04 FINAL DISPOSITION OF EMBALMED AND UN-EMBALMED BODIES. Final disposition of a dead
human body must meet the following:
006.04(A) UN-EMBALMED BODY. Upon receipt of a dead human body, the licensee has 24 hours to either bury,
cremate, embalm, place in refrigerated storage, or place in a hermetically sealed container, which cannot be reopened.
If placing in refrigerated storage, an un-embalmed body must:
(i) Be retained at a constant temperature of less than 40 degrees Fahrenheit for not more than 8 days. An un-embalmed body may be retained in storage beyond the 8 days only when:
(1) Written notification of a criminal proceeding is received; or
(2) Upon receipt of a court order.
(ii) When the body is removed from storage it must be embalmed, buried, cremated, or placed in a hermetically sealed container within 24 hours following the removal from storage.
006.04(B) EMBALMED BODY. Final disposition of a dead human body, which has been embalmed or been placed
in a hermetically sealed container, must be made within 30 days after death. If death did not occur in Nebraska, final
disposition of a dead human body must be made within 30 days after receipt of the dead human body.
Neb. Rev. Stat. Ann. § 71-1374
(4) If human remains received by the crematory authority are not embalmed, such remains shall be held no longer than twenty-four hours from the time of death unless the human remains are placed within a refrigerated facility in
accordance with the laws of this state.
The following applies to transportation and final disposition of dead human bodies who have died due to a
communicable disease, transporting a dead human body in-state and out-of-state, and final disposition requirements.
006.01 DECEASED DUE TO AN IMMEDIATELY REPORTABLE COMMUNICABLE DISEASE. Persons who
have died due to any communicable disease listed in 173 NAC 1, which must be reported immediately, must be
completely wrapped before removal from the premises. These requirements do not prohibit a public funeral, nor does it relieve persons who are quarantined as contacts from quarantine requirements. Bodies dead of such communicable diseases must be:
(1) Thoroughly and promptly embalmed and be held in isolation from the public for a period of 24 hours following
the embalming;
(2) Encased immediately after death in a body transfer case or shipping case that is constructed out of 20 gauge steel
and is hermetically sealed, and under no condition will the body be removed from the container; or
(3) Cremated immediately. If visitation is to occur prior to cremation, the body must be thoroughly and promptly
embalmed and held in isolation from the public for a period of 24 hours following the embalming.
173 Neb. Admin. Code Ch. 1, 1-004
The following diseases, poisonings, and organisms are declared to be communicable or dangerous or both to the
public. Incidents of diseases, poisonings, and organisms must be reported as described in 173 NAC 1-004.01 through
1-004.03, 1-005, and 1-006.
1-004.01 Immediate Reports
1-004.01A The following diseases, poisonings, and organisms must be reported immediately:
- Anthrax (Bacillus anthracis) *^
- Botulism (Clostridium botulinum) *^
- Brucellosis (Brucella abortus^, B. melitensis ^ , and B. suis ^* )
- Carbapenamase-Resistant Enterobacteriaceae (suspected or confirmed) **^ (not to include Proteus or Providencia species or Morganella morganii)
- Cholera (Vibrio cholerae) ^
- Coccidiodomycosis (Coccidioides immitis/posodasii)
- Diphtheria (Corynebacterium diphtheriae)
- Eastern equine encephalitis (EEE virus) *^
- Food poisoning, outbreak-associated
- Glanders [Burkholderia (Pseudomonas) mallei *^
- Haemophilus influenzae infection (invasive disease only) ^
- Hantavirus pulmonary syndrome (Sin Nombre virus)
- Hemolytic uremic syndrome (post-diarrheal illness)
- Hepatitis A (IgM antibody-positive or clinically diagnosed during an outbreak)
- Hepatitis B infection (positive surface antigen tests, e antigen tests, and all IgM core antibody tests, both positive and negative)
- Hepatitis E
- Influenza due to novel or pandemic strains (includes highly pathogenic avian influenza virus) *^
- Measles (Rubeola)
- Melioidosis [Burkholderia (Pseudomonas) pseudomallei] *
- Meningitis (Haemophilus influenza or Neisseria meningitidis) ^
- Meningococcal disease, invasive (Neisseria meningitidis) ^
- Monkeypox virus infection *^
- Middle East Respiratory Syndrome - suspected or confirmed cases^
- Pertussis [whooping cough] (Bordetella pertussis) ^
- Plague (Yersinia pestis) *^
- Poliomyelitis, paralytic
- Q fever (Coxiella burnetii) ^*
- Rabies (human and animal cases and suspects)
- Ricin poisoning *^
- Rubella and congenital rubella syndrome
- Severe Acute Respiratory Syndrome [SARS] (SARS-associated coronavirus)
- Smallpox *^
- Staphylococcal enterotoxin B intoxication *
- Staphylococcus aureus, vancomycin-intermediate/resistant suspected or confirmed as defined by the CDC
- Tick-borne encephalitis, virus complexes (Central European Tick-borne encephalitis virus, Far Eastern Tick- borne encephalitis virus, Kyasanur Forest disease virus, Omsk Hemorrhagic Fever virus, Russian Spring and Summer encephalitis virus)
- Tularemia (Francisella tularensis) *^
- Typhus Fever, louse-borne (Rickettsia prowazekii) *^ and flea-borne / endemic murine (Rickettsia typhi)
- Venezuelan equine encephalitis *^
- Viral hemorrhagic fever (including but not limited to Ebola virus, Marburg virus, Congo Crimean Fever) suspected or confirmed cases *^
- Yellow Fever
172 Neb. Admin. Code Ch. 68, 006
006.03 IN-STATE TRANSPORTATION. Dead human bodies, which have not been embalmed, may not be
transported by common carrier, unless the body is placed immediately after death in a body transfer case or shipping case that is constructed out of 20 gauge steel and is hermetically sealed. Transportation may be made by privately owned conveyance under the supervision and responsibility of a licensed funeral Director. Embalmed bodies may be transported by either common carrier or private carrier.
172 Neb. Admin. Code Ch. 68, 006
006.04 FINAL DISPOSITION OF EMBALMED AND UN-EMBALMED BODIES. Final disposition of a dead
human body must meet the following:
006.04(A) UN-EMBALMED BODY. Upon receipt of a dead human body, the licensee has 24 hours to either bury,
cremate, embalm, place in refrigerated storage, or place in a hermetically sealed container, which cannot be reopened.
If placing in refrigerated storage, an un-embalmed body must:
(i) Be retained at a constant temperature of less than 40 degrees Fahrenheit for not more than 8 days. An un-embalmed body may be retained in storage beyond the 8 days only when:
(1) Written notification of a criminal proceeding is received; or
(2) Upon receipt of a court order.
(ii) When the body is removed from storage it must be embalmed, buried, cremated, or placed in a hermetically sealed container within 24 hours following the removal from storage.
006.04(B) EMBALMED BODY. Final disposition of a dead human body, which has been embalmed or been placed
in a hermetically sealed container, must be made within 30 days after death. If death did not occur in Nebraska, final
disposition of a dead human body must be made within 30 days after receipt of the dead human body.
Neb. Rev. Stat. Ann. § 71-1374
(4) If human remains received by the crematory authority are not embalmed, such remains shall be held no longer than twenty-four hours from the time of death unless the human remains are placed within a refrigerated facility in
accordance with the laws of this state.
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?
Nebraska law mentions burial, cremation, entombment, donation to medical science, and removal from 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?
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?
Neb. Rev. Stat. Ann. § 71-605
(1) The funeral director and embalmer in charge of the funeral of any person dying in the State of Nebraska shall cause a certificate of death to be filled out with all the particulars contained in the standard form adopted and promulgated by the department. Such standard form shall include a space for veteran status in the armed forces of the United States and a statement of the cause of death made by a person holding a valid license as a physician, physician assistant, or nurse practitioner who last attended the deceased. The standard form shall also include the deceased's social security number and a notice that, pursuant to section 30-2413, demands for notice which may affect the estate of the deceased are filed with the county court in the county where the decedent resided at the time of death. Death and fetal death certificates shall be completed by the funeral directors and embalmers and physicians, physician assistants, or nurse practitioners for the purpose of filing with the department and providing child support enforcement information pursuant to section 43-3340.
(3) A completed death certificate shall be filed with the department within five business days after the date of death. If it is impossible to complete the certificate of death within five business days, the funeral director and embalmer shall notify the department of the reason for the delay and file the certificate as soon as possible.
(4) Before any dead human body may be cremated, a cremation permit shall first be signed electronically by the county attorney, or by his or her authorized representative as designated by the county attorney in writing, of the county in which the death occurred on an electronic form prescribed and furnished by the department.
(1) The funeral director and embalmer in charge of the funeral of any person dying in the State of Nebraska shall cause a certificate of death to be filled out with all the particulars contained in the standard form adopted and promulgated by the department. Such standard form shall include a space for veteran status in the armed forces of the United States and a statement of the cause of death made by a person holding a valid license as a physician, physician assistant, or nurse practitioner who last attended the deceased. The standard form shall also include the deceased's social security number and a notice that, pursuant to section 30-2413, demands for notice which may affect the estate of the deceased are filed with the county court in the county where the decedent resided at the time of death. Death and fetal death certificates shall be completed by the funeral directors and embalmers and physicians, physician assistants, or nurse practitioners for the purpose of filing with the department and providing child support enforcement information pursuant to section 43-3340.
(3) A completed death certificate shall be filed with the department within five business days after the date of death. If it is impossible to complete the certificate of death within five business days, the funeral director and embalmer shall notify the department of the reason for the delay and file the certificate as soon as possible.
(4) Before any dead human body may be cremated, a cremation permit shall first be signed electronically by the county attorney, or by his or her authorized representative as designated by the county attorney in writing, of the county in which the death occurred on an electronic form prescribed and furnished by the department.
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?
Neb. Rev. Stat. Ann. § 71-605
(7) No dead human body shall be removed from the state for final disposition without a transit permit issued by the
funeral director and embalmer having charge of the body in Nebraska, except that when the death is subject to
investigation, the transit permit shall not be issued by the funeral director and embalmer without authorization of the county attorney of the county in which the death occurred. No agent of any transportation company shall allow the shipment of any body without the properly completed transit permit prepared in duplicate.
(9) All transit permits issued in accordance with the law of the place where the death occurred in a state other than
Nebraska shall be signed by the funeral director and embalmer in charge of burial and forwarded to the department within five business days after the interment takes place.
(7) No dead human body shall be removed from the state for final disposition without a transit permit issued by the
funeral director and embalmer having charge of the body in Nebraska, except that when the death is subject to
investigation, the transit permit shall not be issued by the funeral director and embalmer without authorization of the county attorney of the county in which the death occurred. No agent of any transportation company shall allow the shipment of any body without the properly completed transit permit prepared in duplicate.
(9) All transit permits issued in accordance with the law of the place where the death occurred in a state other than
Nebraska shall be signed by the funeral director and embalmer in charge of burial and forwarded to the department within five business days after the interment takes place.
What are the experiences reported by others who have done this in my state?
Coming soon.
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Do you have questions about this information or want to offer feedback? Email us.
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