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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 Rhode Island area - please see the NHFA Directory listing located here
For help local to the Rhode Island 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?
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?
Rhode Island 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?
23 R.I. Gen. Laws Ann. § 23-3-16
(a) A death certificate for each death that occurs in this state shall be filed with the state registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar days after death and prior to removal of the body from the state, and shall be registered if it has been completed and filed in accordance with this section, provided:
(1) That if the place of death is unknown, a death certificate shall be filed with the state registrar of vital
records or as otherwise directed by the state registrar within seven (7) calendar days after the occurrence; and
(2) That if death occurs in a moving conveyance, a death certificate shall be filed with the state registrar of vital
records or as otherwise directed by the state registrar.
(b) The funeral director, his or her duly authorized agent, or person acting as agent, who first assumes custody of a dead body, shall file the death certificate. He or she shall obtain the personal data from the next of kin or the best qualified person or source available. He or she shall obtain the medical certification of cause of death from the person responsible for certification. The death certificate shall indicate the following:
(1) The sex of the decedent shall be recorded to reflect the decedent's gender identity, as reported by the next
of kin or the best qualified person available, unless the person completing the death certificate is presented
with a document that memorializes the decedent's gender transition. In case of conflicting information on the
sex of the decedent from the sources, the death certificate shall be based on documentation that memorializes
the decedent's gender transition. Documents that may memorialize a gender transition include: written instructions from the decedent; a court order approving a name or gender change; an advance healthcare
directive; documentation of an appropriate course of treatment for the purpose of gender transition;
documentation of a change to the gender marker on a birth certificate; or a state or federally issued
identification card, or any additional document as authorized by the Rhode Island department of health. If
more than one document is presented and the documents are in conflict regarding the decedent's gender
identity, the most recent document that memorializes the decedent's gender transition shall prevail. If
documentation is not available, it shall be based on information from individuals most familiar with the
decedent's gender identity at the time of death.
(c) A physician, after the death of a person whom he or she has attended during his or her last illness, or the physician declaring that person dead, or if the death occurred in a hospital, a registered hospital medical officer duly appointed by the hospital director or administrator, shall immediately furnish for registration a standard certificate of death to a funeral director or other authorized person or any member of the family of the deceased, stating to the best of his or her knowledge and belief the name of the deceased; the disease of which he or she died; where it was contracted; the duration of the illness from which he or she died; when last seen alive by the physician, or, if death occurs in a hospital, when last seen alive by a physician; and the date of death.
(d) When death occurred without medical attendance as set forth in subsection (c) or when inquiry is required by
chapter 4 of this title, the medical examiner shall investigate the cause of death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case.
(a) A death certificate for each death that occurs in this state shall be filed with the state registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar days after death and prior to removal of the body from the state, and shall be registered if it has been completed and filed in accordance with this section, provided:
(1) That if the place of death is unknown, a death certificate shall be filed with the state registrar of vital
records or as otherwise directed by the state registrar within seven (7) calendar days after the occurrence; and
(2) That if death occurs in a moving conveyance, a death certificate shall be filed with the state registrar of vital
records or as otherwise directed by the state registrar.
(b) The funeral director, his or her duly authorized agent, or person acting as agent, who first assumes custody of a dead body, shall file the death certificate. He or she shall obtain the personal data from the next of kin or the best qualified person or source available. He or she shall obtain the medical certification of cause of death from the person responsible for certification. The death certificate shall indicate the following:
(1) The sex of the decedent shall be recorded to reflect the decedent's gender identity, as reported by the next
of kin or the best qualified person available, unless the person completing the death certificate is presented
with a document that memorializes the decedent's gender transition. In case of conflicting information on the
sex of the decedent from the sources, the death certificate shall be based on documentation that memorializes
the decedent's gender transition. Documents that may memorialize a gender transition include: written instructions from the decedent; a court order approving a name or gender change; an advance healthcare
directive; documentation of an appropriate course of treatment for the purpose of gender transition;
documentation of a change to the gender marker on a birth certificate; or a state or federally issued
identification card, or any additional document as authorized by the Rhode Island department of health. If
more than one document is presented and the documents are in conflict regarding the decedent's gender
identity, the most recent document that memorializes the decedent's gender transition shall prevail. If
documentation is not available, it shall be based on information from individuals most familiar with the
decedent's gender identity at the time of death.
(c) A physician, after the death of a person whom he or she has attended during his or her last illness, or the physician declaring that person dead, or if the death occurred in a hospital, a registered hospital medical officer duly appointed by the hospital director or administrator, shall immediately furnish for registration a standard certificate of death to a funeral director or other authorized person or any member of the family of the deceased, stating to the best of his or her knowledge and belief the name of the deceased; the disease of which he or she died; where it was contracted; the duration of the illness from which he or she died; when last seen alive by the physician, or, if death occurs in a hospital, when last seen alive by a physician; and the date of death.
(d) When death occurred without medical attendance as set forth in subsection (c) or when inquiry is required by
chapter 4 of this title, the medical examiner shall investigate the cause of death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case.
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?
23 R.I. Gen. Laws Ann. § 23-3-18
(a) The funeral director, his or her duly authorized agent, or another person acting as a duly authorized agent, who first assumes custody of a dead body or fetus shall prepare a burial-transit permit prior to final disposition or removal from the state of the body or fetus and within seven (7) calendar days after death.
(b) The burial-transit permit shall be signed by the funeral director and by the certifying physician as designated in §23-3-16(c).
(c) A burial-transit permit issued under the law of another state 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.
(e)(1) The body of a deceased person shall not be cremated within twenty-four (24) hours after his or her death unless he or she dies of a contagious or infectious disease. The body shall not be received or cremated by any corporation authorized to cremate the bodies of the dead until its officers have received the burial permit required by law before burial, and a cremation certificate issued by the Rhode Island office of state medical examiners. A cremation certificate shall be issued only if the office of state medical examiners determines that the cause and manner of death is such that no further examination or judicial inquiry concerning the cause and manner of death is necessary.
(2) The cremation certificate issued to the funeral director by the Medical Examiner, in duplicate, shall accompany the
body to the crematory. The crematory shall retain the duplicate copy and mail the original copy to the state division of vital records.
(a) The funeral director, his or her duly authorized agent, or another person acting as a duly authorized agent, who first assumes custody of a dead body or fetus shall prepare a burial-transit permit prior to final disposition or removal from the state of the body or fetus and within seven (7) calendar days after death.
(b) The burial-transit permit shall be signed by the funeral director and by the certifying physician as designated in §23-3-16(c).
(c) A burial-transit permit issued under the law of another state 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.
(e)(1) The body of a deceased person shall not be cremated within twenty-four (24) hours after his or her death unless he or she dies of a contagious or infectious disease. The body shall not be received or cremated by any corporation authorized to cremate the bodies of the dead until its officers have received the burial permit required by law before burial, and a cremation certificate issued by the Rhode Island office of state medical examiners. A cremation certificate shall be issued only if the office of state medical examiners determines that the cause and manner of death is such that no further examination or judicial inquiry concerning the cause and manner of death is necessary.
(2) The cremation certificate issued to the funeral director by the Medical Examiner, in duplicate, shall accompany the
body to the crematory. The crematory shall retain the duplicate copy and mail the original copy to the state division of vital records.
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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