- 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 Oklahoma area - please see the NHFA Directory listing located here
For help local to the Oklahoma 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?
Okla. Stat. Ann. tit. 21, § 1159
Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of a misdemeanor; and, in addition to the punishment
prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered in a civil action.
Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of a misdemeanor; and, in addition to the punishment
prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered in a civil action.
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?
Okla. Admin. Code 235:10-11-1
(a) The following minimum standards of performance shall be required of each licensed embalmer in the State of
Oklahoma in each instance in which he/she is authorized or required to embalm a dead human remains.
(13) Disposal within 24 hours. Unembalmed dead human bodies shall be legally disposed of within 24 hours after
death unless the body is placed in a designated body refrigeration chamber which maintains a constant temperature of 40 degrees fahrenheit or less. The body shall remain in the refrigerated area until such time as legal disposition is to occur. Once removed from refrigeration, either embalming or disposition shall occur within eight hours of said
removal. No public viewing of unembalmed bodies shall be permitted 24 hours after death has occurred. Nothing is
this section shall prevent a licensed establishment from requiring a viewing for the purpose of identification at such
time as the establishment deems appropriate. Nothing in this section shall require a funeral home to purchase, install, or provide such refrigeration facilities not currently in existence and use.
(15) Variations. Reasonable variations may be permitted as long as the objective stated in this Section is accomplished.
Okla. Admin. Code 310:105-7-1
(a) Bodies shipped by common carrier. The body of any person dead of a disease that is not contagious, infectious,
or communicable may be shipped by common carrier subject to the following conditions:
(1) Provided the body is encased in a sound coffin or casket, enclosed in a strong outside shipping case, and provided
it can reach destination within the specified number of hours from the time of death, applicable both to place of
shipment and destination.
(2) When shipment cannot reach destination within the number of hours specified, the body shall either
(A) Be embalmed, encased in a sound coffin or casket, and enclosed in a strong outside case for shipment, or
(B) When embalming is not possible, or if the body is in a state of decomposition, it shall be shipped only after
enclosure in an airtight coffin or casket, enclosed in proper shipping container.
(3) A burial transit permit shall be attached in a strong envelope to the shipping case.
(b) Transportation of certain diseased bodies. The body of any person dead of smallpox, Asiatic cholera, louse-
borne typhus fever, plague, yellow fever or any other contagious, infectious or communicable disease shall not be
transported unless:
(1) Such body has been embalmed, properly disinfected and encased in an airtight zinc, tin, copper, or lead-lined coffin or iron casket, all joints and seams hermetically soldered or sealed and all encased in a strong, tight outside shipping case.
(2) Disinterred remains are considered as infectious and shall be enclosed in a hermetically sealed metal or metal-lined casket, enclosed in proper shipping container.
(3) Bodies deposited in receiving vaults must be treated and considered the same as disinterred remains with respect to shipping.
(a) The following minimum standards of performance shall be required of each licensed embalmer in the State of
Oklahoma in each instance in which he/she is authorized or required to embalm a dead human remains.
(13) Disposal within 24 hours. Unembalmed dead human bodies shall be legally disposed of within 24 hours after
death unless the body is placed in a designated body refrigeration chamber which maintains a constant temperature of 40 degrees fahrenheit or less. The body shall remain in the refrigerated area until such time as legal disposition is to occur. Once removed from refrigeration, either embalming or disposition shall occur within eight hours of said
removal. No public viewing of unembalmed bodies shall be permitted 24 hours after death has occurred. Nothing is
this section shall prevent a licensed establishment from requiring a viewing for the purpose of identification at such
time as the establishment deems appropriate. Nothing in this section shall require a funeral home to purchase, install, or provide such refrigeration facilities not currently in existence and use.
(15) Variations. Reasonable variations may be permitted as long as the objective stated in this Section is accomplished.
Okla. Admin. Code 310:105-7-1
(a) Bodies shipped by common carrier. The body of any person dead of a disease that is not contagious, infectious,
or communicable may be shipped by common carrier subject to the following conditions:
(1) Provided the body is encased in a sound coffin or casket, enclosed in a strong outside shipping case, and provided
it can reach destination within the specified number of hours from the time of death, applicable both to place of
shipment and destination.
(2) When shipment cannot reach destination within the number of hours specified, the body shall either
(A) Be embalmed, encased in a sound coffin or casket, and enclosed in a strong outside case for shipment, or
(B) When embalming is not possible, or if the body is in a state of decomposition, it shall be shipped only after
enclosure in an airtight coffin or casket, enclosed in proper shipping container.
(3) A burial transit permit shall be attached in a strong envelope to the shipping case.
(b) Transportation of certain diseased bodies. The body of any person dead of smallpox, Asiatic cholera, louse-
borne typhus fever, plague, yellow fever or any other contagious, infectious or communicable disease shall not be
transported unless:
(1) Such body has been embalmed, properly disinfected and encased in an airtight zinc, tin, copper, or lead-lined coffin or iron casket, all joints and seams hermetically soldered or sealed and all encased in a strong, tight outside shipping case.
(2) Disinterred remains are considered as infectious and shall be enclosed in a hermetically sealed metal or metal-lined casket, enclosed in proper shipping container.
(3) Bodies deposited in receiving vaults must be treated and considered the same as disinterred remains with respect to shipping.
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?
Oklahoma law mentions burial, cremation, burial at sea, entombment, alkaline hydrolysis, 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?
Okla. Stat. tit. 63, § 938
A. All human deaths of the types listed herein shall be investigated as provided by law:
1. Violent deaths, whether apparently homicidal, suicidal, or accidental;
2. Deaths under suspicious, unusual or unnatural circumstances;
3. Deaths related to disease which might constitute a threat to public health;
4. Deaths unattended by a licensed physician for a fatal or potentially fatal illness;
5. Deaths that are medically unexpected and that occur in the course of a therapeutic procedure;
6. Deaths of any persons detained or occurring in custody of the Department of Corrections or a county jail;
7. Deaths of persons whose bodies are to be cremated, transported out of the state, donated to educational
entities, to include limited portions of the body, or otherwise made ultimately unavailable for pathological study;
and
8. Maternal deaths that occur during pregnancy or within one (1) year of termination of pregnancy reported by a
hospital or birthing center under Section 2 of this act.
B. The Chief Medical Examiner shall state on the certificate of death of all persons whose death was caused by
execution pursuant to a lawful court order that the cause of death was the execution of such order.
A. All human deaths of the types listed herein shall be investigated as provided by law:
1. Violent deaths, whether apparently homicidal, suicidal, or accidental;
2. Deaths under suspicious, unusual or unnatural circumstances;
3. Deaths related to disease which might constitute a threat to public health;
4. Deaths unattended by a licensed physician for a fatal or potentially fatal illness;
5. Deaths that are medically unexpected and that occur in the course of a therapeutic procedure;
6. Deaths of any persons detained or occurring in custody of the Department of Corrections or a county jail;
7. Deaths of persons whose bodies are to be cremated, transported out of the state, donated to educational
entities, to include limited portions of the body, or otherwise made ultimately unavailable for pathological study;
and
8. Maternal deaths that occur during pregnancy or within one (1) year of termination of pregnancy reported by a
hospital or birthing center under Section 2 of this act.
B. The Chief Medical Examiner shall state on the certificate of death of all persons whose death was caused by
execution pursuant to a lawful court order that the cause of death was the execution of such order.
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?
Oklahoma has an electronic death registry system.
Okla. Stat. Ann. tit. 63, § 1-317
A. A death certificate for each death which occurs in this state shall be filed with the State Department of Health
within ten (10) calendar days after such death.
B. It shall be the duty of the funeral director to file the death certificate. If the funeral director is not available, the
person acting as such who first assumes custody of a dead body in accordance with Section 1158 of Title 21 of the Oklahoma Statutes shall personally sign and file the death certificate. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available, enter the personal data into the electronic system prescribed by the State Registrar of Vital Statistics, and electronically transmit the partial certificate produced by the electronic system to the physician, physician assistant, Advanced Practice Registered Nurse, or medical examiner responsible for completing the medical certification portion of the certificate of death within twenty-four (24) hours after the death.
Okla. Stat. Ann. tit. 63, § 1-317
A. A death certificate for each death which occurs in this state shall be filed with the State Department of Health
within ten (10) calendar days after such death.
B. It shall be the duty of the funeral director to file the death certificate. If the funeral director is not available, the
person acting as such who first assumes custody of a dead body in accordance with Section 1158 of Title 21 of the Oklahoma Statutes shall personally sign and file the death certificate. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available, enter the personal data into the electronic system prescribed by the State Registrar of Vital Statistics, and electronically transmit the partial certificate produced by the electronic system to the physician, physician assistant, Advanced Practice Registered Nurse, or medical examiner responsible for completing the medical certification portion of the certificate of death within twenty-four (24) hours after the death.
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?
Okla. Stat. Ann. tit. 63, § 101
No railroad or other common carrier shall receive for shipment to any point within the state or to any point outside
the state the body of a deceased person unless there is attached to the shipping case, in a strong envelope, a burial-
transit permit duly issued and signed by the Chief Medical Examiner.
Okla. Stat. Ann. tit. 59, § 396.32
The residue resulting from the cremation of the body of a deceased person may be transported in this state in any
manner, without any permit therefor, and may be disposed of in any manner desired or directed by the person or
persons charged by law with the duty of burying the body.
No railroad or other common carrier shall receive for shipment to any point within the state or to any point outside
the state the body of a deceased person unless there is attached to the shipping case, in a strong envelope, a burial-
transit permit duly issued and signed by the Chief Medical Examiner.
Okla. Stat. Ann. tit. 59, § 396.32
The residue resulting from the cremation of the body of a deceased person may be transported in this state in any
manner, without any permit therefor, and may be disposed of in any manner desired or directed by the person or
persons charged by law with the duty of burying the 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.
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