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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 Pennsylvania area - please see the NHFA Directory listing located here
For help local to the Pennsylvania 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?
49 Pa. Code § 13.201
The responsibilities and duties of licensed funeral directors in connection with a funeral, include the following:
(6) Providing proper disposal of human remains in accordance with the following:
(i) Human remains held 24 hours beyond death shall be embalmed or sealed in a container that will not allow
fumes or odors to escape or kept under refrigeration, if this does not conflict with a religious belief or medical
examination.
(ii) Human remains kept under refrigeration over 24 hours beyond death shall be maintained at a temperature
level between 35° and 40°F. The remains shall be buried, cremated or entombed within 5 hours following
removal from refrigeration.
(iii) Under normal circumstances, the public should not view an unembalmed body which has been kept in
refrigeration longer than 36 hours.
The responsibilities and duties of licensed funeral directors in connection with a funeral, include the following:
(6) Providing proper disposal of human remains in accordance with the following:
(i) Human remains held 24 hours beyond death shall be embalmed or sealed in a container that will not allow
fumes or odors to escape or kept under refrigeration, if this does not conflict with a religious belief or medical
examination.
(ii) Human remains kept under refrigeration over 24 hours beyond death shall be maintained at a temperature
level between 35° and 40°F. The remains shall be buried, cremated or entombed within 5 hours following
removal from refrigeration.
(iii) Under normal circumstances, the public should not view an unembalmed body which has been kept in
refrigeration longer than 36 hours.
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?
Pennsylvania 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?
49 Pa. Code § 13.212
A dead human body may be cremated at any time after 24 hours beyond the time of death. This does not prevent
taking the remains to the crematory prior to 24 hours as long as written explicit instructions are given to the crematory that cremation absolutely cannot be done before 24 hours. A signed receipt shall be the possession of the funeral director to that effect.
A dead human body may be cremated at any time after 24 hours beyond the time of death. This does not prevent
taking the remains to the crematory prior to 24 hours as long as written explicit instructions are given to the crematory that cremation absolutely cannot be done before 24 hours. A signed receipt shall be the possession of the funeral director to that effect.
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?
35 Pa. Stat. Ann. § 450.501
A certificate of each death or fetal death which occurs in this Commonwealth shall be filed within four (4) business
days after the death or fetal death or within four (4) business days after the finding of a dead body or fetal remains. In every instance, the certificate shall be filed prior to the issuance of a permit for interment or other disposition of the dead body or fetal remains. The person in charge of interment or of removal of the dead body or fetal remains from the registration district shall file the certificate with any local registrar or the State Registrar of Vital Statistics, who shall be authorized to issue certified copies of such death.
35 Pa. Stat. Ann. § 450.502
In preparing a certificate of death or fetal death, the person in charge of interment or of removal of a dead body or
fetal remains from the registration district shall obtain the required information. The following persons shall supply the information certified by their respective signatures:
(1) Personal information concerning the deceased or the fetal death shall be supplied by the person best acquainted
with the facts.
(2) Subject to the limitation contained in clause (3), the medical certification, except in the event of a referral to the
coroner pursuant to section five hundred three of this act, shall be supplied (i) in the case of a death, by the physician, certified registered nurse practitioner or physician assistant or (ii) dentist who is a staff member of an approved hospital who attended the deceased during the last illness, provided the death occurs in the hospital and the deceased had been admitted on the dental service, and (iii) in the case of a fetal death, by the attending physician, certified registered nurse practitioner or physician assistant.
(3) In all cases where the physician, certified registered nurse practitioner, physician assistant or dentist who would
otherwise supply the medical certification is a member of the immediate family of the deceased, the case shall be
referred to another physician, certified registered nurse practitioner, physician assistant or dentist who qualifies under clause (2) for a medical certification. In the event a qualified alternate physician, certified registered nurse practitioner, physician assistant or dentist is unavailable or unwilling to provide the medical certification required by law, the case shall be referred to the coroner of the county wherein the death occurred or to a coroner of an adjacent county. In no event shall a coroner sign a certificate of death or fetal death for a deceased who was a member of his immediate family.
A certificate of each death or fetal death which occurs in this Commonwealth shall be filed within four (4) business
days after the death or fetal death or within four (4) business days after the finding of a dead body or fetal remains. In every instance, the certificate shall be filed prior to the issuance of a permit for interment or other disposition of the dead body or fetal remains. The person in charge of interment or of removal of the dead body or fetal remains from the registration district shall file the certificate with any local registrar or the State Registrar of Vital Statistics, who shall be authorized to issue certified copies of such death.
35 Pa. Stat. Ann. § 450.502
In preparing a certificate of death or fetal death, the person in charge of interment or of removal of a dead body or
fetal remains from the registration district shall obtain the required information. The following persons shall supply the information certified by their respective signatures:
(1) Personal information concerning the deceased or the fetal death shall be supplied by the person best acquainted
with the facts.
(2) Subject to the limitation contained in clause (3), the medical certification, except in the event of a referral to the
coroner pursuant to section five hundred three of this act, shall be supplied (i) in the case of a death, by the physician, certified registered nurse practitioner or physician assistant or (ii) dentist who is a staff member of an approved hospital who attended the deceased during the last illness, provided the death occurs in the hospital and the deceased had been admitted on the dental service, and (iii) in the case of a fetal death, by the attending physician, certified registered nurse practitioner or physician assistant.
(3) In all cases where the physician, certified registered nurse practitioner, physician assistant or dentist who would
otherwise supply the medical certification is a member of the immediate family of the deceased, the case shall be
referred to another physician, certified registered nurse practitioner, physician assistant or dentist who qualifies under clause (2) for a medical certification. In the event a qualified alternate physician, certified registered nurse practitioner, physician assistant or dentist is unavailable or unwilling to provide the medical certification required by law, the case shall be referred to the coroner of the county wherein the death occurred or to a coroner of an adjacent county. In no event shall a coroner sign a certificate of death or fetal death for a deceased who was a member of his immediate family.
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?
35 Pa. Stat. Ann. § 450.504
No person shall dispose of a dead body or fetal remains until a local registrar or the State Registrar of Vital Statistics
issues a permit for disposal. The local registrar or the State Registrar of Vital Statistics shall be authorized to issue the
permit and may issue blank presigned permits to the funeral director only. The funeral director or the person in charge of interment or removal shall, within ninety-six (96) hours after the death or fetal death or within ninety-six (96) hours after the finding of a dead body or fetal remains, file with the local registrar a certificate of death or fetal death.
The sexton or other person in charge of any premises in which bodies are interred or cremated shall not allow the
interment or cremation of any dead body or fetal remains unless a permit issued under this section is presented to the sexton. The sexton or other person in charge of the premises shall endorse upon each permit presented to the sexton or other person the date of interment or cremation, over the sexton's or other person's signature, and shall return the permit so endorsed to the local registrar of the sexton's or other person's district or the State Registrar of Vital Statistics within ten days from the date of interment or cremation.
No person shall dispose of a dead body or fetal remains until a local registrar or the State Registrar of Vital Statistics
issues a permit for disposal. The local registrar or the State Registrar of Vital Statistics shall be authorized to issue the
permit and may issue blank presigned permits to the funeral director only. The funeral director or the person in charge of interment or removal shall, within ninety-six (96) hours after the death or fetal death or within ninety-six (96) hours after the finding of a dead body or fetal remains, file with the local registrar a certificate of death or fetal death.
The sexton or other person in charge of any premises in which bodies are interred or cremated shall not allow the
interment or cremation of any dead body or fetal remains unless a permit issued under this section is presented to the sexton. The sexton or other person in charge of the premises shall endorse upon each permit presented to the sexton or other person the date of interment or cremation, over the sexton's or other person's signature, and shall return the permit so endorsed to the local registrar of the sexton's or other person's district or the State Registrar of Vital Statistics within ten days from the date of interment or cremation.
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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