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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 New Jersey area - please see the NHFA Directory listing located here
For help local to the New Jersey 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?
What are the relevant statutes in my state?
N.J. Admin. Code § 8:9-1.1
(a) The person or persons responsible for the burial or cremation or other lawful disposition of a dead human body
shall not allow the same to remain unburied or uncremated in the State of New Jersey for a period longer than 48
hours unless:
1. The body is embalmed by arterial and cavity injection or kept refrigerated at 45 degrees Fahrenheit or below; or
2. The Commissioner of Health authorizes an exemption to or waiver of this requirement, subject to conditions the
Commissioner might prescribe, during the existence of an emergency declared by the Governor.
(b) A person shall not bring an unembalmed body into the State of New Jersey more than 48 hours after death unless
the Commissioner of Health authorizes an exemption to or waiver of this requirement, subject to conditions the
Commissioner might prescribe, during an emergency declared by the Governor.
(a) The person or persons responsible for the burial or cremation or other lawful disposition of a dead human body
shall not allow the same to remain unburied or uncremated in the State of New Jersey for a period longer than 48
hours unless:
1. The body is embalmed by arterial and cavity injection or kept refrigerated at 45 degrees Fahrenheit or below; or
2. The Commissioner of Health authorizes an exemption to or waiver of this requirement, subject to conditions the
Commissioner might prescribe, during the existence of an emergency declared by the Governor.
(b) A person shall not bring an unembalmed body into the State of New Jersey more than 48 hours after death unless
the Commissioner of Health authorizes an exemption to or waiver of this requirement, subject to conditions the
Commissioner might prescribe, during an emergency declared by the Governor.
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?
N.J. Admin. Code § 8:9-1.1
(a) The person or persons responsible for the burial or cremation or other lawful disposition of a dead human body
shall not allow the same to remain unburied or uncremated in the State of New Jersey for a period longer than 48
hours unless:
1. The body is embalmed by arterial and cavity injection or kept refrigerated at 45 degrees Fahrenheit or below; or
2. The Commissioner of Health authorizes an exemption to or waiver of this requirement, subject to conditions the
Commissioner might prescribe, during the existence of an emergency declared by the Governor.
(b) A person shall not bring an unembalmed body into the State of New Jersey more than 48 hours after death unless
the Commissioner of Health authorizes an exemption to or waiver of this requirement, subject to conditions the
Commissioner might prescribe, during an emergency declared by the Governor.
N.J. Stat. Ann. § 26:6-24
The State Department may make any rule prescribing the manner in which a dead body, intended to be transported by any common carrier across or within this State, shall be disinfected, embalmed, or incased. Any such rule shall be
referred to in the blank form of the transit permit required for the transportation of a dead body.
(a) The person or persons responsible for the burial or cremation or other lawful disposition of a dead human body
shall not allow the same to remain unburied or uncremated in the State of New Jersey for a period longer than 48
hours unless:
1. The body is embalmed by arterial and cavity injection or kept refrigerated at 45 degrees Fahrenheit or below; or
2. The Commissioner of Health authorizes an exemption to or waiver of this requirement, subject to conditions the
Commissioner might prescribe, during the existence of an emergency declared by the Governor.
(b) A person shall not bring an unembalmed body into the State of New Jersey more than 48 hours after death unless
the Commissioner of Health authorizes an exemption to or waiver of this requirement, subject to conditions the
Commissioner might prescribe, during an emergency declared by the Governor.
N.J. Stat. Ann. § 26:6-24
The State Department may make any rule prescribing the manner in which a dead body, intended to be transported by any common carrier across or within this State, shall be disinfected, embalmed, or incased. Any such rule shall be
referred to in the blank form of the transit permit required for the transportation of a dead body.
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?
New Jersey 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?
N.J. Stat. Ann. § 26:6-6
a. The funeral director in charge of the funeral or disposition of the body of any person dying in this State shall be
responsible for the proper execution of a death certificate in a legible manner, or by means of the NJ-EDRS, and filed
in exchange for a burial or removal or transit permit with the local registrar of the district in which the death occurred or the body was found or with the registrar of the district in which the funeral director has his funeral home or where the burial or other disposition is to take place. In the event the death certificate is filed with the registrar of a district other than that in which the death took place or the body was found, that registrar shall, within 24 hours after issuing the permit, sign and forward the certificate of death to the registrar of the district where the death took place or the body was found, with a statement that the permit was issued. In case the death certificate is filed with the deputy registrar, alternate deputy registrar or subregistrar, he shall within 12 hours forward the certificate to his own registrar, who in turn shall forward the certificate as heretofore directed. A record created on the NJ-EDRS shall be deemed to have been transmitted to the other local registrar, or by the deputy registrar, alternate deputy registrar or subregistrar, as applicable, in accordance with the requirements of this subsection.
b. Any funeral director filing a death certificate in a registration district other than that in which the death occurred or the body was found shall immediately send the State registrar written notice by first class mail, except that a record created on the NJ-EDRS shall be deemed to have been transmitted to the State registrar in accordance with the requirements of this subsection. The notice shall contain the name of the deceased, the place and date of death, the date the certificate was filed, the name and address of the registrar with whom the certificate was filed, and the name and address of the funeral director. Failure of the State registrar to receive the notice shall be considered as failure of the funeral director to have sent it. In that case, the funeral director shall be subject to a penalty of $25, and the State registrar shall notify the State Board of Mortuary Science of the facts in the matter.
a. The funeral director in charge of the funeral or disposition of the body of any person dying in this State shall be
responsible for the proper execution of a death certificate in a legible manner, or by means of the NJ-EDRS, and filed
in exchange for a burial or removal or transit permit with the local registrar of the district in which the death occurred or the body was found or with the registrar of the district in which the funeral director has his funeral home or where the burial or other disposition is to take place. In the event the death certificate is filed with the registrar of a district other than that in which the death took place or the body was found, that registrar shall, within 24 hours after issuing the permit, sign and forward the certificate of death to the registrar of the district where the death took place or the body was found, with a statement that the permit was issued. In case the death certificate is filed with the deputy registrar, alternate deputy registrar or subregistrar, he shall within 12 hours forward the certificate to his own registrar, who in turn shall forward the certificate as heretofore directed. A record created on the NJ-EDRS shall be deemed to have been transmitted to the other local registrar, or by the deputy registrar, alternate deputy registrar or subregistrar, as applicable, in accordance with the requirements of this subsection.
b. Any funeral director filing a death certificate in a registration district other than that in which the death occurred or the body was found shall immediately send the State registrar written notice by first class mail, except that a record created on the NJ-EDRS shall be deemed to have been transmitted to the State registrar in accordance with the requirements of this subsection. The notice shall contain the name of the deceased, the place and date of death, the date the certificate was filed, the name and address of the registrar with whom the certificate was filed, and the name and address of the funeral director. Failure of the State registrar to receive the notice shall be considered as failure of the funeral director to have sent it. In that case, the funeral director shall be subject to a penalty of $25, and the State registrar shall notify the State Board of Mortuary Science of the facts in the matter.
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?
N.J. Stat. Ann. § 26:6-14
Upon receipt of a death certificate, the local registrar shall:
a. If the certificate is properly executed and complete, issue a burial or removal permit when requested; and
b. the certificate of death is incomplete and unsatisfactory, call attention to the defects in the return, and withhold the burial or removal permit until the defects are corrected. Any person certifying to any of the particulars in the certificate shall complete the same as directed by the local registrar in accordance with such terms as may be defined by the State registrar.
For the purposes of the NJ-EDRS, the death certificate shall be complete when the attending, covering or resident
physician or the county medical examiner, and the funeral director in charge, have completed their respective portions of the death registration record.
N.J. Stat. Ann. § 26:6-16
The burial or removal permit shall be issued upon a form or through the NJ-EDRS as prescribed by the department,
signed or authenticated through the NJ-EDRS by the local registrar, and shall state:
a. The name, age, sex, cause of death, and other necessary details required by the department;
b. That a satisfactory certificate of death has been filed as required by law; and
c. That permission is granted to inter, remove, or otherwise dispose of the body.
Upon receipt of a death certificate, the local registrar shall:
a. If the certificate is properly executed and complete, issue a burial or removal permit when requested; and
b. the certificate of death is incomplete and unsatisfactory, call attention to the defects in the return, and withhold the burial or removal permit until the defects are corrected. Any person certifying to any of the particulars in the certificate shall complete the same as directed by the local registrar in accordance with such terms as may be defined by the State registrar.
For the purposes of the NJ-EDRS, the death certificate shall be complete when the attending, covering or resident
physician or the county medical examiner, and the funeral director in charge, have completed their respective portions of the death registration record.
N.J. Stat. Ann. § 26:6-16
The burial or removal permit shall be issued upon a form or through the NJ-EDRS as prescribed by the department,
signed or authenticated through the NJ-EDRS by the local registrar, and shall state:
a. The name, age, sex, cause of death, and other necessary details required by the department;
b. That a satisfactory certificate of death has been filed as required by law; and
c. That permission is granted to inter, remove, or otherwise dispose of the body.
What are the experiences reported by others who have done this in my state?
Coming soon.
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- About
- Directory
- Events
- Resources
-
Laws By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- Support