- 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
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 Mexico's area - please see the NHFA Directory listing located here
For help local to the New Mexico's 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?
N.M. Stat. Ann. § 61-32-20
A. All dead human bodies not disposed of within twenty-four hours after death or release or receipt by the
establishment or crematory shall be embalmed in accordance with the Funeral Services Act [Chapter 61, Article 32
NMSA 1978] or stored under refrigeration as determined by board rule, unless otherwise required by regulation of the office of the state medical investigator or the secretary of health or by orders of an authorized official of the office of the state medical investigator, a court of competent jurisdiction or other authorized official.
F. Except as provided in Subsection A of this section, embalming is not required.
A. All dead human bodies not disposed of within twenty-four hours after death or release or receipt by the
establishment or crematory shall be embalmed in accordance with the Funeral Services Act [Chapter 61, Article 32
NMSA 1978] or stored under refrigeration as determined by board rule, unless otherwise required by regulation of the office of the state medical investigator or the secretary of health or by orders of an authorized official of the office of the state medical investigator, a court of competent jurisdiction or other authorized official.
F. Except as provided in Subsection A of this section, embalming is not required.
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.M. Stat. Ann. § 61-32-20
A. All dead human bodies not disposed of within twenty-four hours after death or release or receipt by the
establishment or crematory shall be embalmed in accordance with the Funeral Services Act [Chapter 61, Article 32
NMSA 1978] or stored under refrigeration as determined by board rule, unless otherwise required by regulation of the office of the state medical investigator or the secretary of health or by orders of an authorized official of the office of the state medical investigator, a court of competent jurisdiction or other authorized official.
F. Except as provided in Subsection A of this section, embalming is not required.
A. All dead human bodies not disposed of within twenty-four hours after death or release or receipt by the
establishment or crematory shall be embalmed in accordance with the Funeral Services Act [Chapter 61, Article 32
NMSA 1978] or stored under refrigeration as determined by board rule, unless otherwise required by regulation of the office of the state medical investigator or the secretary of health or by orders of an authorized official of the office of the state medical investigator, a court of competent jurisdiction or other authorized official.
F. Except as provided in Subsection A of this section, embalming is not required.
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 Mexico law mentions burial, cremation, entombment, burial at sea, delivery to a medical school, or 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?
N.M. Stat. Ann. § 24-11-7
If the deceased is unidentified, the state, district or deputy medical investigator may order the body fingerprinted and photographed. When the state, district or deputy medical investigator suspects a death was caused by a criminal act or omission or the cause of death is obscure, he shall order an autopsy performed by a qualified pathologist certified by the state board of medical examiners who shall record every fact found in the examination tending to show the identity and condition of the body and the time, manner and cause of death. The pathologist shall sign the report under oath and deliver it to the state, district or deputy medical investigator within a reasonable time. The state, district or deputy medical investigator may take the testimony of the pathologist and any other persons and this testimony, combined with the written report of the pathologist, constitutes an inquest.
N.M. Admin. Code 7.3.2.10
(1) Responsibility for Reporting: Anyone who becomes aware of any death falling into the category enumerated here
under "Reportable Deaths" must report it immediately to either law enforcement officers or to a representative of the office of the medical investigator. It will be the responsibility of that agency to notify the other of the report. The
designated representative of the OMI shall then respond to that scene of death without delay, view and take legal
custody of the body. See Section D [now 7.3.2.11 NMAC] for responsibilities of representatives of the OMI.
(2) Reportable deaths: Those deaths to be reported to the office of the medical investigator include all deaths occurring in New Mexico as outlined below regardless of where or when the initial injuring event occurred.
(a) any death that occurs suddenly and unexpectedly, that is, when the person has not been under medical care for
significant heart, lung or other disease;
(b) any death suspected to be due to violence, that is, suicidal, accidental or homicidal injury, regardless of when or
where the injury occurred;
(c) any death suspected to be due to alcohol or intoxication the result of exposure to toxic agents;
(d) any deaths of residents housed in county or state institutions, regardless of where death occurs. This refers to any ward or individual placed in such a facility by legal authorization;
(e) any deaths of persons in the custody of law enforcement officers;
(f) any deaths in nursing homes or other private institutions without recent medical attendance;
(g) any deaths that occur unexpectedly during, in association with, or as a result of diagnostic, therapeutic, surgical, or anesthetic procedures;
(h) deaths alleged to have been caused by an act of malpractice;
(i) deaths suspected to be involved with the decedent's occupation;
(j) deaths unattended by a physician;
(k) any death due to neglect;
(l) any still birth of 20 or more weeks'; gestation unattended by a physician;
(m) any death of an infant or child where the medical history has not established some pre-existing medical condition;
(n) deaths which are possibly directly or indirectly attributable to environmental exposure not otherwise specified;
(o) any death suspected to be due to infectious or contagious disease wherein the diagnosis and extent of disease at the time are undetermined;
(p) any death occurring under suspicious circumstances;
(q)any death in which there is doubt as to whether or not it is a medical investigator's case should be reported;
(r) a list of reportable deaths will be provided to all state agencies, hospitals and other public and private facilities that require the services of the OMI.
If the deceased is unidentified, the state, district or deputy medical investigator may order the body fingerprinted and photographed. When the state, district or deputy medical investigator suspects a death was caused by a criminal act or omission or the cause of death is obscure, he shall order an autopsy performed by a qualified pathologist certified by the state board of medical examiners who shall record every fact found in the examination tending to show the identity and condition of the body and the time, manner and cause of death. The pathologist shall sign the report under oath and deliver it to the state, district or deputy medical investigator within a reasonable time. The state, district or deputy medical investigator may take the testimony of the pathologist and any other persons and this testimony, combined with the written report of the pathologist, constitutes an inquest.
N.M. Admin. Code 7.3.2.10
(1) Responsibility for Reporting: Anyone who becomes aware of any death falling into the category enumerated here
under "Reportable Deaths" must report it immediately to either law enforcement officers or to a representative of the office of the medical investigator. It will be the responsibility of that agency to notify the other of the report. The
designated representative of the OMI shall then respond to that scene of death without delay, view and take legal
custody of the body. See Section D [now 7.3.2.11 NMAC] for responsibilities of representatives of the OMI.
(2) Reportable deaths: Those deaths to be reported to the office of the medical investigator include all deaths occurring in New Mexico as outlined below regardless of where or when the initial injuring event occurred.
(a) any death that occurs suddenly and unexpectedly, that is, when the person has not been under medical care for
significant heart, lung or other disease;
(b) any death suspected to be due to violence, that is, suicidal, accidental or homicidal injury, regardless of when or
where the injury occurred;
(c) any death suspected to be due to alcohol or intoxication the result of exposure to toxic agents;
(d) any deaths of residents housed in county or state institutions, regardless of where death occurs. This refers to any ward or individual placed in such a facility by legal authorization;
(e) any deaths of persons in the custody of law enforcement officers;
(f) any deaths in nursing homes or other private institutions without recent medical attendance;
(g) any deaths that occur unexpectedly during, in association with, or as a result of diagnostic, therapeutic, surgical, or anesthetic procedures;
(h) deaths alleged to have been caused by an act of malpractice;
(i) deaths suspected to be involved with the decedent's occupation;
(j) deaths unattended by a physician;
(k) any death due to neglect;
(l) any still birth of 20 or more weeks'; gestation unattended by a physician;
(m) any death of an infant or child where the medical history has not established some pre-existing medical condition;
(n) deaths which are possibly directly or indirectly attributable to environmental exposure not otherwise specified;
(o) any death suspected to be due to infectious or contagious disease wherein the diagnosis and extent of disease at the time are undetermined;
(p) any death occurring under suspicious circumstances;
(q)any death in which there is doubt as to whether or not it is a medical investigator's case should be reported;
(r) a list of reportable deaths will be provided to all state agencies, hospitals and other public and private facilities that require the services of the OMI.
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.M. Stat. Ann. § 24-14-20
A. A death certificate for each death that occurs in this state shall be filed within five days after the death and prior to
final disposition.
B. The funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of a dead body shall:
(1) file the death certificate;
(2) obtain the personal data from the next of kin or the best qualified person or source available; and
(3) obtain the medical certification of cause of death.
C. The medical certification shall be completed and signed within forty-eight hours after death by the physician or
nurse practitioner in charge of the patient’s care for the illness or condition that resulted in death, except when inquiry is required by law. Except as provided in Subsection D of this section, in the absence of the physician or nurse
practitioner, or with the physician’s or the nurse practitioner’s approval, the medical certification may be completed
and signed by the physician’s associate physician or the nurse practitioner’s associate nurse practitioner, the chief
medical officer of the institution in which death occurred or the physician who performed an autopsy on the decedent; provided that the individual has access to the medical history of the case and views the deceased at or after death and that death is due to natural causes.
D. Unless there is reasonable cause to believe that the death is not due to natural causes, a registered nurse employed by a nursing home or a hospice agency may pronounce the death of a resident of the nursing home and a registered nurse employed by a hospital may pronounce the death of a patient of the hospital. The nurse shall have access to the medical history of the case and view the deceased at or after death, and the individual who completes the medical certification shall not be required to view the deceased at or after death. The death shall be pronounced pursuant to procedures or facility protocols prescribed by the hospital for patients or by the physician who is the medical director of the nursing home for residents. The procedures or facility protocols shall ensure that the medical certification of death is completed in accordance with the provisions of Subsection C of this section.
F. When death occurs without medical attendance as set forth in Subsection C or D of this section or when death
occurs more than ten days after the decedent was last treated by a physician, the case shall be referred to the state
medical investigator for investigation to determine and certify the cause of death.
N.M. Admin. Code 7.2.2.16
A. Disposition of body. Before final disposition of a dead body or a fetus, the funeral service practitioner or person
acting as such shall.
(1) Obtain assurance from the certifier that death is from natural causes and that the certifier will assume responsibility for certifying the cause of death or fetal death.
(2) For any case which comes under the jurisdiction of the office of the medical investigator, notify the office of the
medical investigator and obtain authorization for removal and final disposition of a dead body or fetus.
B. Disposition of a dead body not under the supervision of a licensed New Mexico funeral service
practitioner, direct disposer. When a death occurs in a hospital or other institution, and the disposition is not under
the supervision of a licensed New Mexico funeral service practitioner, or direct disposer, the person in charge of such
an institution or his or her designated representative shall:
(1) initiate the certificate of death or burial as follows:
(a) place the full name of the decedent and the date of death on the certificate of death registration form;
(b) obtain the information from the person to whom the body is being released and complete on the disposition
section of the form the method and place of disposition; and
(c) obtain the medical certification of the cause of death from the certifier and the certifier's signature;
(2) obtain and verify through identification the full name and address of the person to whom the dead body is being
released for disposition, and the place of disposition; and
(3) advise the person taking charge of the dead body of the statutory requirements to file the certificate of death
registration form within 5 days, and prior to final disposition;
(4) send a photocopy of the partially completed certificate of death along with the name and address of the person
who is not a funeral service practitioner, but who is acting as such, to the bureau of vital records and health statistics
within five days;
(5) the original, partially completed copy of the registration form shall be completed by the person who is not a funeral service practitioner, but who is acting as such, to file within five days with the bureau of vital records and health statistics.
A. A death certificate for each death that occurs in this state shall be filed within five days after the death and prior to
final disposition.
B. The funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of a dead body shall:
(1) file the death certificate;
(2) obtain the personal data from the next of kin or the best qualified person or source available; and
(3) obtain the medical certification of cause of death.
C. The medical certification shall be completed and signed within forty-eight hours after death by the physician or
nurse practitioner in charge of the patient’s care for the illness or condition that resulted in death, except when inquiry is required by law. Except as provided in Subsection D of this section, in the absence of the physician or nurse
practitioner, or with the physician’s or the nurse practitioner’s approval, the medical certification may be completed
and signed by the physician’s associate physician or the nurse practitioner’s associate nurse practitioner, the chief
medical officer of the institution in which death occurred or the physician who performed an autopsy on the decedent; provided that the individual has access to the medical history of the case and views the deceased at or after death and that death is due to natural causes.
D. Unless there is reasonable cause to believe that the death is not due to natural causes, a registered nurse employed by a nursing home or a hospice agency may pronounce the death of a resident of the nursing home and a registered nurse employed by a hospital may pronounce the death of a patient of the hospital. The nurse shall have access to the medical history of the case and view the deceased at or after death, and the individual who completes the medical certification shall not be required to view the deceased at or after death. The death shall be pronounced pursuant to procedures or facility protocols prescribed by the hospital for patients or by the physician who is the medical director of the nursing home for residents. The procedures or facility protocols shall ensure that the medical certification of death is completed in accordance with the provisions of Subsection C of this section.
F. When death occurs without medical attendance as set forth in Subsection C or D of this section or when death
occurs more than ten days after the decedent was last treated by a physician, the case shall be referred to the state
medical investigator for investigation to determine and certify the cause of death.
N.M. Admin. Code 7.2.2.16
A. Disposition of body. Before final disposition of a dead body or a fetus, the funeral service practitioner or person
acting as such shall.
(1) Obtain assurance from the certifier that death is from natural causes and that the certifier will assume responsibility for certifying the cause of death or fetal death.
(2) For any case which comes under the jurisdiction of the office of the medical investigator, notify the office of the
medical investigator and obtain authorization for removal and final disposition of a dead body or fetus.
B. Disposition of a dead body not under the supervision of a licensed New Mexico funeral service
practitioner, direct disposer. When a death occurs in a hospital or other institution, and the disposition is not under
the supervision of a licensed New Mexico funeral service practitioner, or direct disposer, the person in charge of such
an institution or his or her designated representative shall:
(1) initiate the certificate of death or burial as follows:
(a) place the full name of the decedent and the date of death on the certificate of death registration form;
(b) obtain the information from the person to whom the body is being released and complete on the disposition
section of the form the method and place of disposition; and
(c) obtain the medical certification of the cause of death from the certifier and the certifier's signature;
(2) obtain and verify through identification the full name and address of the person to whom the dead body is being
released for disposition, and the place of disposition; and
(3) advise the person taking charge of the dead body of the statutory requirements to file the certificate of death
registration form within 5 days, and prior to final disposition;
(4) send a photocopy of the partially completed certificate of death along with the name and address of the person
who is not a funeral service practitioner, but who is acting as such, to the bureau of vital records and health statistics
within five days;
(5) the original, partially completed copy of the registration form shall be completed by the person who is not a funeral service practitioner, but who is acting as such, to file within five days with the bureau of vital records and health statistics.
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.M. Stat. Ann. § 24-14-23
A. For deaths or spontaneous fetal deaths which have occurred in this state, no burial-transit permit shall be required for final disposition of the remains if the disposition occurs in this state and is performed by a funeral service practitioner or direct disposer.
B. A burial-transit permit shall be issued by the state registrar or a local registrar for those bodies which are to be
transported out of the state for final disposition or when final disposition is being made by a person other than a
funeral service practitioner or direct disposer.
C. A burial-transit permit issued under the law of another state or country which accompanies a dead body or fetus
brought into this state shall be authority for final disposition of the body or fetus in this state.
D. A permit for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus except as authorized by regulation or otherwise provided by law. The permit shall be issued by the state registrar or state medical investigator to a licensed funeral service practitioner or direct disposer.
E. A permit for cremation of a body shall be required prior to the cremation. The permit shall be issued by the state
medical investigator to a licensed funeral service practitioner, direct disposer or any other person who makes the
arrangements for final disposition.
A. For deaths or spontaneous fetal deaths which have occurred in this state, no burial-transit permit shall be required for final disposition of the remains if the disposition occurs in this state and is performed by a funeral service practitioner or direct disposer.
B. A burial-transit permit shall be issued by the state registrar or a local registrar for those bodies which are to be
transported out of the state for final disposition or when final disposition is being made by a person other than a
funeral service practitioner or direct disposer.
C. A burial-transit permit issued under the law of another state or country which accompanies a dead body or fetus
brought into this state shall be authority for final disposition of the body or fetus in this state.
D. A permit for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus except as authorized by regulation or otherwise provided by law. The permit shall be issued by the state registrar or state medical investigator to a licensed funeral service practitioner or direct disposer.
E. A permit for cremation of a body shall be required prior to the cremation. The permit shall be issued by the state
medical investigator to a licensed funeral service practitioner, direct disposer or any other person who makes the
arrangements for final disposition.
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.
Support NHFA
Did you find this information helpful? Become a sustaining donor and help us continue our mission of educating individuals, families, and communities about caring for their dead.
|
NHFA |
Resources |
|
© COPYRIGHT 2022. ALL RIGHTS RESERVED.
- 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