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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 Vermont area - please see the NHFA Directory listing located here
For help local to the Vermont 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?
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? Refrigerated?
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?
Vermont law mentions burial, cremation, entombment, natural organic reduction, donation to medical science, and
removal to another state.
removal to another 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?
Vt. Stat. Ann. tit. 18, § 5205
(a) When a person dies from violence, or suddenly when in apparent good health or when unattended by a physician or a recognized practitioner of a well-established church, or by casualty, or by suicide or as a result of injury or when in jail or prison, or any psychiatric hospital, or in any unusual, unnatural, or suspicious manner, or in circumstances involving a hazard to public health, welfare, or safety, the head of the household, the jailer, or the superintendent of a psychiatric hospital where such death occurred, or the next of kin, or the person discovering the body or any doctor notified of the death, shall immediately notify the medical examiner who resides nearest the town where the death occurred and immediately upon being notified, such medical examiner shall notify the State's Attorney of the county in which the death occurred. The State's Attorney shall thereafter be in charge of the body and shall issue such instructions covering the care or removal of the body as he or she shall deem appropriate until he or she releases same.
(b) The medical examiner and a designated law enforcement officer shall thereupon together immediately make a
proper preliminary investigation.
(c) Unless the cause and manner of death is uncertain, such medical examiner shall complete and sign a certificate of
death. The medical examiner and the designated law enforcement officer shall each submit a report of investigation to the State's Attorney and the Chief Medical Examiner. If, however, the cause or circumstances of death are uncertain, he or she shall immediately so advise the State's Attorney of the county where the death occurred and notify the Chief Medical Examiner.
(d) The State's Attorney of each county, with the advice of the Commissioner of Public Safety or his or her designee,
the sheriff, and the Chief of Police of any established Police Department, shall prepare a list of law enforcement
officers in his or her county qualified to make an investigation and report. This list shall be made available to the medical officers concerned and such other persons as the State's Attorney deems proper.
(e) If an undertaker or embalmer shall, in the course of his or her employment, find evidence of physical violence on
the body or evidence of an unlawful act sufficient to indicate to such a person that death might have been the result of an unlawful act, he or she shall immediately notify the State's Attorney of the county where the body is then located and shall proceed no further with the preparation and embalming process of such body until permitted to do so by the State's Attorney.
(f) The State's Attorney or Chief Medical Examiner, if either deem it necessary and in the interest of public health,
welfare, and safety, or in furtherance of the administration of the law, may order an autopsy to be performed by the
Chief Medical Examiner or under the Chief Medical Examiner's direction. Upon completion of the autopsy, the Chief
Medical Examiner shall submit a report to such State's Attorney and the Attorney General and shall submit a report of death to the State Registrar. Upon the written request of a federal prosecutor or a prosecutor in another state, the
Chief Medical Examiner shall submit a report of a death to the requesting office.
(g) When a person who is committed to the custody of the Department of Corrections or who is under the supervision of the Department of Corrections dies, the Commissioner of Corrections may request to be provided with a copy of any and all reports generated pursuant to subsection (f) of this section. No such request shall be granted where the medical examiner is unable to determine a manner of death or the manner of death is classified as a homicide. In other circumstances, the request shall be granted in the discretion of the Medical Examiner for good cause shown. Reports disclosed pursuant to this subsection shall remain confidential as required by law and shall not be considered to be a public record pursuant to 1 V.S.A. § 317.
(a) When a person dies from violence, or suddenly when in apparent good health or when unattended by a physician or a recognized practitioner of a well-established church, or by casualty, or by suicide or as a result of injury or when in jail or prison, or any psychiatric hospital, or in any unusual, unnatural, or suspicious manner, or in circumstances involving a hazard to public health, welfare, or safety, the head of the household, the jailer, or the superintendent of a psychiatric hospital where such death occurred, or the next of kin, or the person discovering the body or any doctor notified of the death, shall immediately notify the medical examiner who resides nearest the town where the death occurred and immediately upon being notified, such medical examiner shall notify the State's Attorney of the county in which the death occurred. The State's Attorney shall thereafter be in charge of the body and shall issue such instructions covering the care or removal of the body as he or she shall deem appropriate until he or she releases same.
(b) The medical examiner and a designated law enforcement officer shall thereupon together immediately make a
proper preliminary investigation.
(c) Unless the cause and manner of death is uncertain, such medical examiner shall complete and sign a certificate of
death. The medical examiner and the designated law enforcement officer shall each submit a report of investigation to the State's Attorney and the Chief Medical Examiner. If, however, the cause or circumstances of death are uncertain, he or she shall immediately so advise the State's Attorney of the county where the death occurred and notify the Chief Medical Examiner.
(d) The State's Attorney of each county, with the advice of the Commissioner of Public Safety or his or her designee,
the sheriff, and the Chief of Police of any established Police Department, shall prepare a list of law enforcement
officers in his or her county qualified to make an investigation and report. This list shall be made available to the medical officers concerned and such other persons as the State's Attorney deems proper.
(e) If an undertaker or embalmer shall, in the course of his or her employment, find evidence of physical violence on
the body or evidence of an unlawful act sufficient to indicate to such a person that death might have been the result of an unlawful act, he or she shall immediately notify the State's Attorney of the county where the body is then located and shall proceed no further with the preparation and embalming process of such body until permitted to do so by the State's Attorney.
(f) The State's Attorney or Chief Medical Examiner, if either deem it necessary and in the interest of public health,
welfare, and safety, or in furtherance of the administration of the law, may order an autopsy to be performed by the
Chief Medical Examiner or under the Chief Medical Examiner's direction. Upon completion of the autopsy, the Chief
Medical Examiner shall submit a report to such State's Attorney and the Attorney General and shall submit a report of death to the State Registrar. Upon the written request of a federal prosecutor or a prosecutor in another state, the
Chief Medical Examiner shall submit a report of a death to the requesting office.
(g) When a person who is committed to the custody of the Department of Corrections or who is under the supervision of the Department of Corrections dies, the Commissioner of Corrections may request to be provided with a copy of any and all reports generated pursuant to subsection (f) of this section. No such request shall be granted where the medical examiner is unable to determine a manner of death or the manner of death is classified as a homicide. In other circumstances, the request shall be granted in the discretion of the Medical Examiner for good cause shown. Reports disclosed pursuant to this subsection shall remain confidential as required by law and shall not be considered to be a public record pursuant to 1 V.S.A. § 317.
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?
Vt. Stat. Ann. tit. 18, § 5202
(a)(1) Within 24 hours after a death, the licensed health care professional who last attended a deceased person shall submit the medical portion of a report of death in a manner prescribed by the State Registrar. If the licensed health care professional who attended the death is unable to state the cause of death, he or she shall immediately notify the licensed health care professional, if any, who was in charge of the patient's care, and he or she shall fulfill this requirement.
(2) If neither health care professional is able to state the cause of death, the provisions of section 5205 of this title
apply.
(3) The licensed health care professional may delegate to the funeral director or the person in charge of the body, with that individual's consent, the responsibility of completing the nonmedical portion of the report of death.
(4) The State Registrar shall furnish the agency responsible for veterans' affairs information as to the deceased's status as a veteran.
(5) The State Registrar shall register the report of death in the Statewide Registration System upon receipt of the
required information. The portion of the report of death that is not confidential under section 5014 of this title is the
death certificate.
(b) When a death certificate is not available prior to burial or transportation of a body, any licensed health care professional who has access to the facts and can certify that the death is not subject to the provisions of section 5205 of this title may complete and sign a preliminary report of death on a form prescribed by the State Registrar. The health care professional may delegate completion of the nonmedical facts to any funeral director or person in charge of the body with access to the nonmedical facts, with that individual's consent. A person authorized to issue a burial-transit permit shall accept a properly completed preliminary report and issue a burial-transit permit. The preliminary report may be destroyed six months after the death certificate has been registered. This subsection does not relieve a licensed health care professional from his or her responsibilities under subsection (a) of this section.
Vt. Stat. Ann. tit. 18, § 5207
Within 24 hours after death, the death certificate shall be made available upon request to the family of the deceased, if any, or the undertaker or person who has charge of the body. The certificate shall be filed with the person issuing the burial-transit permit obtained by the person who has charge of the body before permanent disposition or removal from the town. When the death certificate is so filed, the officer or person shall immediately issue a burial-transit permit under legal restrictions and safeguards.
(a)(1) Within 24 hours after a death, the licensed health care professional who last attended a deceased person shall submit the medical portion of a report of death in a manner prescribed by the State Registrar. If the licensed health care professional who attended the death is unable to state the cause of death, he or she shall immediately notify the licensed health care professional, if any, who was in charge of the patient's care, and he or she shall fulfill this requirement.
(2) If neither health care professional is able to state the cause of death, the provisions of section 5205 of this title
apply.
(3) The licensed health care professional may delegate to the funeral director or the person in charge of the body, with that individual's consent, the responsibility of completing the nonmedical portion of the report of death.
(4) The State Registrar shall furnish the agency responsible for veterans' affairs information as to the deceased's status as a veteran.
(5) The State Registrar shall register the report of death in the Statewide Registration System upon receipt of the
required information. The portion of the report of death that is not confidential under section 5014 of this title is the
death certificate.
(b) When a death certificate is not available prior to burial or transportation of a body, any licensed health care professional who has access to the facts and can certify that the death is not subject to the provisions of section 5205 of this title may complete and sign a preliminary report of death on a form prescribed by the State Registrar. The health care professional may delegate completion of the nonmedical facts to any funeral director or person in charge of the body with access to the nonmedical facts, with that individual's consent. A person authorized to issue a burial-transit permit shall accept a properly completed preliminary report and issue a burial-transit permit. The preliminary report may be destroyed six months after the death certificate has been registered. This subsection does not relieve a licensed health care professional from his or her responsibilities under subsection (a) of this section.
Vt. Stat. Ann. tit. 18, § 5207
Within 24 hours after death, the death certificate shall be made available upon request to the family of the deceased, if any, or the undertaker or person who has charge of the body. The certificate shall be filed with the person issuing the burial-transit permit obtained by the person who has charge of the body before permanent disposition or removal from the town. When the death certificate is so filed, the officer or person shall immediately issue a burial-transit permit under legal restrictions and safeguards.
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?
Vt. Stat. Ann. tit. 18, § 5201
(a) A dead body shall not be buried, entombed, or removed, or otherwise disposed of without a burial-transit permit issued and signed by a municipal clerk, a county clerk, or a deputy clerk for the municipality or unorganized town or gore in which the dead body is located; a funeral director licensed in Vermont; an owner or designated manager of a licensed disposition facility in Vermont who is registered to perform removals; or a law enforcement officer.
(1) The clerk of the municipality shall provide for issuing burial-transit permits when the clerks' offices are closed. The municipal clerk shall appoint one or more deputies for this purpose and record the name of the deputy or deputies appointed in the municipal records and notify the Commissioner of Health of the names and residences of the deputy or deputies appointed.
(2) The county clerk of a county in which an unorganized town or gore is located shall perform the same duties and be subject to the same penalties as a municipal clerk in respect to issuing burial-transit permits and registering deaths that occur in an unorganized town or gore within the county.
(3) A funeral director licensed in Vermont or an owner or designated manager of a licensed disposition facility in
Vermont who is registered to perform removals may issue a burial-transit permit for any municipality or unorganized
town or gore at any time, including during the normal business hours of a municipal clerk.
(4) After a burial-transit permit is issued, the person who issued the permit shall forward the death certificate or
preliminary report and the record of the burial-transit permit to the clerk of the municipality, or to the clerk of the
county, in the case of an unorganized town or gore, where death occurred on the first official working day thereafter.
(5) In cases of death by certain communicable diseases as defined by the Commissioner, the municipal or county clerk, a deputy registrar, a funeral director, a crematory owner or manager, or a law enforcement officer shall not issue a burial-transit permit except in accordance with instructions issued by the Commissioner.
(6) A body for which a burial-transit permit has been secured, except one for the body of any person whose death
occurred as a result of a communicable disease, as defined by the Commissioner, may be taken through or into another municipality or unorganized town or gore for funeral services without additional permits from the local health officer or the Commissioner.
(b) An operator of a disposition facility shall not cremate or process by means of natural organic reduction or allow the cremation or processing by means of natural organic reduction of a dead human body until the passage of at least 24 hours following the death of the decedent, as indicated on the death certificate, unless, if the decedent died from a virulent, communicable disease, a Department of Health rule or order requires the cremation or natural organic reduction to occur prior to the end of that period. If the Attorney General or a State's Attorney requests the delay of a cremation or natural organic reduction based upon a reasonable belief that the cause of death might have been due to other than accidental or natural causes, the cremation or natural organic reduction of a dead human body shall be delayed, based upon such request, a sufficient time to permit a civil or criminal investigation into the circumstances that caused or contributed to the death.
(c) The person in charge of the body shall not release for cremation or natural organic reduction the body of a person
who died in Vermont until the person in charge has received a certificate from the chief, regional, or assistant medical examiner that the medical examiner has made personal inquiry into the cause and manner of death and is satisfied that no further examination or judicial inquiry concerning it is necessary. Upon request of a funeral director, the person in charge of the body, or the operator of a disposition facility, the Chief Medical Examiner shall issue a disposition certificate after the medical examiner has completed an autopsy. The certificate shall be retained by the disposition facility for a period of three years. The person requesting cremation or natural organic reduction shall pay the Department a fee of $25.00.
(d)(1) For all cremations or natural organic reductions requested for the body of a person who died outside Vermont,
the operator of a disposition facility shall do the following before conducting the cremation or natural organic
reduction:
(A) obtain a permit for transit, cremation, or natural organic reduction; and
(B) comply with the laws of the state in which the person died, including obtaining a copy of a medical examiner's
permit if one is required.
(2) No additional approval from the Vermont medical examiner's office is required if compliance with the laws of the state in which the person died is achieved.
(a) A dead body shall not be buried, entombed, or removed, or otherwise disposed of without a burial-transit permit issued and signed by a municipal clerk, a county clerk, or a deputy clerk for the municipality or unorganized town or gore in which the dead body is located; a funeral director licensed in Vermont; an owner or designated manager of a licensed disposition facility in Vermont who is registered to perform removals; or a law enforcement officer.
(1) The clerk of the municipality shall provide for issuing burial-transit permits when the clerks' offices are closed. The municipal clerk shall appoint one or more deputies for this purpose and record the name of the deputy or deputies appointed in the municipal records and notify the Commissioner of Health of the names and residences of the deputy or deputies appointed.
(2) The county clerk of a county in which an unorganized town or gore is located shall perform the same duties and be subject to the same penalties as a municipal clerk in respect to issuing burial-transit permits and registering deaths that occur in an unorganized town or gore within the county.
(3) A funeral director licensed in Vermont or an owner or designated manager of a licensed disposition facility in
Vermont who is registered to perform removals may issue a burial-transit permit for any municipality or unorganized
town or gore at any time, including during the normal business hours of a municipal clerk.
(4) After a burial-transit permit is issued, the person who issued the permit shall forward the death certificate or
preliminary report and the record of the burial-transit permit to the clerk of the municipality, or to the clerk of the
county, in the case of an unorganized town or gore, where death occurred on the first official working day thereafter.
(5) In cases of death by certain communicable diseases as defined by the Commissioner, the municipal or county clerk, a deputy registrar, a funeral director, a crematory owner or manager, or a law enforcement officer shall not issue a burial-transit permit except in accordance with instructions issued by the Commissioner.
(6) A body for which a burial-transit permit has been secured, except one for the body of any person whose death
occurred as a result of a communicable disease, as defined by the Commissioner, may be taken through or into another municipality or unorganized town or gore for funeral services without additional permits from the local health officer or the Commissioner.
(b) An operator of a disposition facility shall not cremate or process by means of natural organic reduction or allow the cremation or processing by means of natural organic reduction of a dead human body until the passage of at least 24 hours following the death of the decedent, as indicated on the death certificate, unless, if the decedent died from a virulent, communicable disease, a Department of Health rule or order requires the cremation or natural organic reduction to occur prior to the end of that period. If the Attorney General or a State's Attorney requests the delay of a cremation or natural organic reduction based upon a reasonable belief that the cause of death might have been due to other than accidental or natural causes, the cremation or natural organic reduction of a dead human body shall be delayed, based upon such request, a sufficient time to permit a civil or criminal investigation into the circumstances that caused or contributed to the death.
(c) The person in charge of the body shall not release for cremation or natural organic reduction the body of a person
who died in Vermont until the person in charge has received a certificate from the chief, regional, or assistant medical examiner that the medical examiner has made personal inquiry into the cause and manner of death and is satisfied that no further examination or judicial inquiry concerning it is necessary. Upon request of a funeral director, the person in charge of the body, or the operator of a disposition facility, the Chief Medical Examiner shall issue a disposition certificate after the medical examiner has completed an autopsy. The certificate shall be retained by the disposition facility for a period of three years. The person requesting cremation or natural organic reduction shall pay the Department a fee of $25.00.
(d)(1) For all cremations or natural organic reductions requested for the body of a person who died outside Vermont,
the operator of a disposition facility shall do the following before conducting the cremation or natural organic
reduction:
(A) obtain a permit for transit, cremation, or natural organic reduction; and
(B) comply with the laws of the state in which the person died, including obtaining a copy of a medical examiner's
permit if one is required.
(2) No additional approval from the Vermont medical examiner's office is required if compliance with the laws of the state in which the person died is achieved.
What are the experiences reported by others who have done this in my state?
Coming soon.
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