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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 South Dakota area - please see the NHFA Directory listing located here
For help local to the South Dakota 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?
S.D. Codified Laws § 34-26-15
Except in the cases in which the right to dissect a dead body is expressly conferred by law, every dead body of a
human being lying within this state must be decently buried within a reasonable time after the death. Nothing herein
shall affect the right to remove from or carry through this state, a dead human body or parts thereof for the purpose of burying the same in another place.
S.D. Admin. R. 20:45:02:07
Within twenty-four hours from the time of death, the body must be refrigerated, embalmed, or buried in the ground.
Any deviation from the foregoing requirements may only occur by an order of a court of competent jurisdiction or
written directive of a coroner.
Except in the cases in which the right to dissect a dead body is expressly conferred by law, every dead body of a
human being lying within this state must be decently buried within a reasonable time after the death. Nothing herein
shall affect the right to remove from or carry through this state, a dead human body or parts thereof for the purpose of burying the same in another place.
S.D. Admin. R. 20:45:02:07
Within twenty-four hours from the time of death, the body must be refrigerated, embalmed, or buried in the ground.
Any deviation from the foregoing requirements may only occur by an order of a court of competent jurisdiction or
written directive of a coroner.
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?
S.D. Admin. R. 20:45:02:07
Within twenty-four hours from the time of death, the body must be refrigerated, embalmed, or buried in the ground. Any deviation from the foregoing requirements may only occur by an order of a court of competent jurisdiction or written directive of a coroner.
Within twenty-four hours from the time of death, the body must be refrigerated, embalmed, or buried in the ground. Any deviation from the foregoing requirements may only occur by an order of a court of competent jurisdiction or written directive of a coroner.
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?
South Dakota 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?
S.D. Codified Laws § 34-25-22
If the county coroner has reason to believe that the death may have been due to other than natural causes, he shall
then refer the case to the state's attorney, sheriff, or police for further investigation.
S.D. Codified Laws § 34-25-22.1
The county coroner of each county shall take or cause to be taken blood samples of any person who has died from
apparent violence, fire, suicide, or motor vehicle, agricultural, or industrial accident. The samples shall be taken as soon as practicable after the death has been discovered and forthwith transmitted to a laboratory certified to examine the sample for toxicology levels.
S.D. Codified Laws § 34-25-24.1
For deaths occurring in a health care facility licensed under chapter 34-12, the health care facility shall notify the
funeral director, or person acting as such who first assumes custody of the dead body, if the body at the time of death had a communicable disease or condition that is the subject of a declared public health emergency pursuant to § 34-22-42 or the subject of a declaration of the Governor pursuant to chapter 34-48A.
If the county coroner has reason to believe that the death may have been due to other than natural causes, he shall
then refer the case to the state's attorney, sheriff, or police for further investigation.
S.D. Codified Laws § 34-25-22.1
The county coroner of each county shall take or cause to be taken blood samples of any person who has died from
apparent violence, fire, suicide, or motor vehicle, agricultural, or industrial accident. The samples shall be taken as soon as practicable after the death has been discovered and forthwith transmitted to a laboratory certified to examine the sample for toxicology levels.
S.D. Codified Laws § 34-25-24.1
For deaths occurring in a health care facility licensed under chapter 34-12, the health care facility shall notify the
funeral director, or person acting as such who first assumes custody of the dead body, if the body at the time of death had a communicable disease or condition that is the subject of a declared public health emergency pursuant to § 34-22-42 or the subject of a declaration of the Governor pursuant to chapter 34-48A.
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?
S.D. Codified Laws § 34-25-25
The funeral director, or person acting as such, who first assumes custody of a dead body shall file a fact of death record. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available. A fact of death record for each death which occurs in this state shall be filed with the department within five days after such death.
S.D. Codified Laws § 34-25-21
If a death occurs without the attendance of a licensed physician, physician assistant, or certified nurse practitioner, the person in charge of the body shall notify the county coroner and sheriff of the death. Upon notification, the county coroner shall complete the medical certificate from the statement of relatives or other persons having adequate knowledge of the facts. The coroner, or deputy coroner in the absence of the coroner, shall complete, sign, and file the medical certificate with the department within five days of the date of death, unless an autopsy or investigation is pending, in which case the pending autopsy or investigation shall be noted on the medical certificate. In the absence of a coroner or deputy coroner, or if the coroner is unable to act, and only in such case, the local registrar shall prepare the medical certificate from the statement of relatives or other person having knowledge of the facts. Unless good cause is shown, a person in charge of a body who fails to notify the county coroner and sheriff of the death no later than twenty-four hours following the death is guilty of a Class 2 misdemeanor.
The funeral director, or person acting as such, who first assumes custody of a dead body shall file a fact of death record. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available. A fact of death record for each death which occurs in this state shall be filed with the department within five days after such death.
S.D. Codified Laws § 34-25-21
If a death occurs without the attendance of a licensed physician, physician assistant, or certified nurse practitioner, the person in charge of the body shall notify the county coroner and sheriff of the death. Upon notification, the county coroner shall complete the medical certificate from the statement of relatives or other persons having adequate knowledge of the facts. The coroner, or deputy coroner in the absence of the coroner, shall complete, sign, and file the medical certificate with the department within five days of the date of death, unless an autopsy or investigation is pending, in which case the pending autopsy or investigation shall be noted on the medical certificate. In the absence of a coroner or deputy coroner, or if the coroner is unable to act, and only in such case, the local registrar shall prepare the medical certificate from the statement of relatives or other person having knowledge of the facts. Unless good cause is shown, a person in charge of a body who fails to notify the county coroner and sheriff of the death no later than twenty-four hours following the death is guilty of a Class 2 misdemeanor.
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?
S.D. Codified Laws § 34-25-24
No body of any person whose death occurs in this state or which is found in this state or of a fetus after a gestational
age of not less than twenty completed weeks may be interred, deposited in a vault or tomb, cremated, or otherwise
disposed of, or removed from the state unless, prior to the disposition, a permit for disposition is obtained
electronically from the department or on paper from the registrar of the registration district in which the death, or fetal death occurred or the body was found.
S.D. Codified Laws § 34-25-33
The funeral director or person acting as such shall, within ten days after final disposition, file or transmit the original
burial or removal permit to the local registrar of the district in which final disposition was made.
S.D. Codified Laws § 34-25-39
The funeral director, or person acting as such, when burying a body in a cemetery or burial ground, having no person
in charge, shall complete the burial or removal permit.
No body of any person whose death occurs in this state or which is found in this state or of a fetus after a gestational
age of not less than twenty completed weeks may be interred, deposited in a vault or tomb, cremated, or otherwise
disposed of, or removed from the state unless, prior to the disposition, a permit for disposition is obtained
electronically from the department or on paper from the registrar of the registration district in which the death, or fetal death occurred or the body was found.
S.D. Codified Laws § 34-25-33
The funeral director or person acting as such shall, within ten days after final disposition, file or transmit the original
burial or removal permit to the local registrar of the district in which final disposition was made.
S.D. Codified Laws § 34-25-39
The funeral director, or person acting as such, when burying a body in a cemetery or burial ground, having no person
in charge, shall complete the burial or removal permit.
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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