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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 York area - please see the NHFA Directory listing located here
For help local to the New York 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.Y. Pub. Health Law § 4143
1. In case of any death occurring without medical attendance, it shall be the duty of the funeral director, undertaker or any other person to whose knowledge the death may come, to give notice of such death to the coroner of the county, or if there be more than one, to a coroner having jurisdiction, or to the medical examiner.
2. When notified of any death occurring without medical attendance, the coroner or medical examiner shall
immediately investigate as provided by law and shall certify as provided in subdivision three.
3. The coroner or medical examiner whose duty it is to investigate the death and to execute the certificate of death,
shall state in such certificate the name of the disease causing death, or if from external causes, the means of death;
whether probably accidental, suicidal or homicidal; and shall, in any case, furnish such information as may be required by the commissioner in order to classify the death.
4. In case of any death occurring without medical attendance in the county of Erie, it shall be the duty of the
undertaker or other person to whose knowledge the death may come, to notify the medical director of such death, and when so notified the medical director shall immediately investigate and certify as to the cause of death and shall, if he has reason to believe that the death may have been due to an unlawful act or neglect, cause a proper investigation and certification in accordance with the provisions of this section.
1. In case of any death occurring without medical attendance, it shall be the duty of the funeral director, undertaker or any other person to whose knowledge the death may come, to give notice of such death to the coroner of the county, or if there be more than one, to a coroner having jurisdiction, or to the medical examiner.
2. When notified of any death occurring without medical attendance, the coroner or medical examiner shall
immediately investigate as provided by law and shall certify as provided in subdivision three.
3. The coroner or medical examiner whose duty it is to investigate the death and to execute the certificate of death,
shall state in such certificate the name of the disease causing death, or if from external causes, the means of death;
whether probably accidental, suicidal or homicidal; and shall, in any case, furnish such information as may be required by the commissioner in order to classify the death.
4. In case of any death occurring without medical attendance in the county of Erie, it shall be the duty of the
undertaker or other person to whose knowledge the death may come, to notify the medical director of such death, and when so notified the medical director shall immediately investigate and certify as to the cause of death and shall, if he has reason to believe that the death may have been due to an unlawful act or neglect, cause a proper investigation and certification in accordance with the provisions of this section.
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?
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 methods of disposition are legal in my state?
What are the relevant statutes in my state?
New York law mentions burial, cremation, entombment, natural organic reduction, donation to science, and removal
from the state.
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.Y. Pub. Health Law § 4140
1. The death of each person who has died in this state shall be registered immediately and not later than seventy-two
hours after death or the finding of a dead human body, by filing with the registrar of the district in which the death
occurred or the body was found a certificate of such death, in a manner and format as prescribed by the commissioner,
which shall include through electronic means in accordance with section forty-one hundred forty-eight of this title.
N.Y. Pub. Health Law § 4141
3. The statement of facts relating to the disposition of the body shall be signed by the funeral director or undertaker in charge of the corpse.
N.Y. Pub. Health Law § 4142
In each case the funeral director, undertaker or person having charge of the body of a deceased person, shall:
(a) obtain the personal and statistical particulars required for the certificate of death from a competent person
acquainted with the facts and qualified to supply them and enter them on the certificate together with the name and
address of his informant;
(b) present the certificate promptly to the attending physician or nurse practitioner, who shall forthwith certify to the
facts of death, provide the medical information required by the certificate and sign the medical certificate of death, or to the coroner or medical examiner in those cases where so required by this article or, when a death occurs in a
hospital, except in those cases where certificates are issued by coroners or medical examiners, to the person in charge of such hospital or his or her designated representative, who shall obtain the medical certificate of death as prescribed in section four thousand one hundred forty-one-a of this title;
(c) state the facts required on the certificate of death relative to the date and place of burial, cremation or removal, over his signature and with his address; and,
(d) prior to the disposition of the remains, file the certificate of death with the registrar of the district in which the
death occurred as provided in section four thousand one hundred forty of this article.
(e) notwithstanding any contrary provisions of law as may be set forth in this section, commencing on or after the
implementation date under section forty-one hundred forty-eight of this title, information and signatures required by
this subdivision shall be obtained and made in accordance with section forty-one hundred forty-eight of this title.
1. The death of each person who has died in this state shall be registered immediately and not later than seventy-two
hours after death or the finding of a dead human body, by filing with the registrar of the district in which the death
occurred or the body was found a certificate of such death, in a manner and format as prescribed by the commissioner,
which shall include through electronic means in accordance with section forty-one hundred forty-eight of this title.
N.Y. Pub. Health Law § 4141
3. The statement of facts relating to the disposition of the body shall be signed by the funeral director or undertaker in charge of the corpse.
N.Y. Pub. Health Law § 4142
In each case the funeral director, undertaker or person having charge of the body of a deceased person, shall:
(a) obtain the personal and statistical particulars required for the certificate of death from a competent person
acquainted with the facts and qualified to supply them and enter them on the certificate together with the name and
address of his informant;
(b) present the certificate promptly to the attending physician or nurse practitioner, who shall forthwith certify to the
facts of death, provide the medical information required by the certificate and sign the medical certificate of death, or to the coroner or medical examiner in those cases where so required by this article or, when a death occurs in a
hospital, except in those cases where certificates are issued by coroners or medical examiners, to the person in charge of such hospital or his or her designated representative, who shall obtain the medical certificate of death as prescribed in section four thousand one hundred forty-one-a of this title;
(c) state the facts required on the certificate of death relative to the date and place of burial, cremation or removal, over his signature and with his address; and,
(d) prior to the disposition of the remains, file the certificate of death with the registrar of the district in which the
death occurred as provided in section four thousand one hundred forty of this article.
(e) notwithstanding any contrary provisions of law as may be set forth in this section, commencing on or after the
implementation date under section forty-one hundred forty-eight of this title, information and signatures required by
this subdivision shall be obtained and made in accordance with section forty-one hundred forty-eight of this title.
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?
N.Y. Pub. Health Law § 4140
2. If the certificate of death is properly executed and complete, the registrar of the district in which the death occurred shall then issue a burial or removal permit to the funeral director or undertaker. In case the death occurred from a disease which is designated in the sanitary code as a communicable disease, no permit for the removal or other disposition of the body shall be issued by the registrar, except to a funeral director or undertaker licensed in accordance with the provisions of this chapter, under such conditions as may be prescribed in the sanitary code.
N.Y. Pub. Health Law § 4144
1. The body of any person whose death occurs in this state, or which shall be found dead herein shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, or removed from this state, or be temporarily held pending further disposition more than seventy-two hours after death, unless a permit for burial, removal, or other disposition thereof shall have been properly issued by the registrar of vital statistics of the registration district in which the death occurred or the body was found; provided, however, that a licensed funeral director may apply for and receive such permit on behalf of any person or institution authorized by article forty-two or forty-three of this chapter to receive unclaimed cadavers or anatomical gifts.
2. (a) No burial or removal permit shall be issued by any registrar until, wherever practicable, a complete and
satisfactory certificate of death has been filed with him as provided in this article.
2. If the certificate of death is properly executed and complete, the registrar of the district in which the death occurred shall then issue a burial or removal permit to the funeral director or undertaker. In case the death occurred from a disease which is designated in the sanitary code as a communicable disease, no permit for the removal or other disposition of the body shall be issued by the registrar, except to a funeral director or undertaker licensed in accordance with the provisions of this chapter, under such conditions as may be prescribed in the sanitary code.
N.Y. Pub. Health Law § 4144
1. The body of any person whose death occurs in this state, or which shall be found dead herein shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, or removed from this state, or be temporarily held pending further disposition more than seventy-two hours after death, unless a permit for burial, removal, or other disposition thereof shall have been properly issued by the registrar of vital statistics of the registration district in which the death occurred or the body was found; provided, however, that a licensed funeral director may apply for and receive such permit on behalf of any person or institution authorized by article forty-two or forty-three of this chapter to receive unclaimed cadavers or anatomical gifts.
2. (a) No burial or removal permit shall be issued by any registrar until, wherever practicable, a complete and
satisfactory certificate of death has been filed with him as provided in this article.
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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