NHFA Quick Guide to Home Funeral Law

About The Quick Guide
Laws relevant to community deathcare are handled on the state level in the United States. This Quick Guide outlines the legal requirements for home funerals in each US state and the District of Columbia, so that individuals, families, and communities can be better informed to care for their dead. 

*Please note: This Quick Guide is still in the process of being actively updated and edited for clarity.

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. ​​
Quick Guide Q&A
My person died at a medical facility / other facility.
  • Can I take the body home?

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?

​See our Glossary of Terms below.
How did we get this info?
The National Home Funeral Alliance first reached out to volunteers on the ground to share their knowledge and experiences. We then passed our initial research on to law students taking Professor Tanya Marsh’s Funeral Law class at Wake Forest Law, who are in the process of researching relevant statutes as a pro-bono project.

We are deeply appreciative of the community labor at every level that made this project possible, and we want to especially thank Wake Forest Law Students Kaylee Tillett and Emily Stiles for their leadership on this project in 2023-24. This research project will continue in 2024-25.​

Laws in Your State

We're adding hyperlinks as we compile research for each state.
If there's not a link for your state yet, check back soon!
​​Alabama  Alaska  ​Arizona  Arkansas  California  Colorado  Connecticut  DC  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​

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.​​    

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