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. 

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.​​    

Review Our Sources

Read the original legal sources for your state here.

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?

WV ADC s 6-1-6.

6.1. Authority to assume control.
A licensee, licensee's agent, assistants or employees shall not assume control of any dead body without first gaining permission from the next of kin or their representatives, or a medical examiner, health officer or other public official legally authorized to give the permission to release the body.
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6.2. Responsibility to honor instructions.

6.2.1 A licensee or licensee's agents, assistants or employees who have assumed control of a dead body shall honor all instructions from persons who have given the control, as to matters relating to the handling of the body, including all steps in preparation; autopsy; embalming; viewing; photographing; clothing; casket; box or vault; cremation; time,
location and type of ceremonies; and burial or other customary disposal, insofar as considerations of public health,
legal requirements and customary respectful handling of the dead body may permit.

6.2.2. A licensee may establish a general policy which requires embalming for public viewings of dead human bodies as a matter of public health. A licensee may conduct a public viewing of an unembalmed body, provided that he or she shall provide a disclosure of the risks to every person viewing the body, pursuant to subsection 6.3 of this rule.

6.3. Authority to embalm.
A licensee or licensee's agents, assistants or employees shall not authorize the embalming of, or embalm any body
without first gaining permission from the person or persons authorized to give permission, or in the event services are being rendered by virtue of reference from another funeral establishment, from a representative of the funeral
establishment, provided that the other funeral establishment provides proof of authorization from the person or
persons authorized to give permission.

6.4. Exception.
6.4.1. If a question exists to whether the condition of a body may pose a hazard to public health which would be
eliminated by embalming, the embalmer shall get a written certification of the condition along with a request that the body be embalmed from a public health officer prior to embalming.

6.4.2. If the funeral establishment is unable to contact the next of kin or other authorized representative of the
decedent, the funeral establishment shall follow procedures outlined in subsection 25.1 of this rule relating to storage and disposal of unclaimed human remains.
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6.5. Responsibility for fees.
A person or persons authorized to give permission to embalm a body pursuant to subsections 6.3 and 6.4 of this rule, shall not be responsible for the payment of any fee in connection with an unauthorized embalming.

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?

West Virginia law mentions burial, cremation, entombment, alkaline hydrolysis, 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?

W. Va. Code Ann. § 16-5-19

(a) A certificate of death for each death which occurs in this state shall be filed with the section of vital statistics, or as
otherwise directed by the State Registrar, within five days after death, and prior to final disposition, and shall be
registered if it has been completed and filed in accordance with this section.

(1) If the place of death is unknown, but the dead body is found in this state, the place where the body was found shall be shown as the place of death.
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(2) If the date of death is unknown, it shall be approximated. If the date cannot be approximated, the date found shall be shown as the date of death.

(3) If death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in
this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death.

(4) If death occurs in a moving conveyance while in international waters or air space or in a foreign country or its air
space and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined.

(5) In all other cases, the place where death is pronounced shall be considered the place where death occurred.

(b) The funeral director or other person who assumes custody of the dead body shall:
(1) Obtain the personal data from the next of kin or the best qualified person or source available including the
deceased person's social security number or numbers, which shall be placed in the records relating to the death and
recorded on the certificate of death;

(2) Within forty-eight hours after death, provide the certificate of death containing sufficient information to identify
the decedent to the physician nurse responsible for completing the medical certification as provided in subsection (c)
of this section; and

(3) Upon receipt of the medical certification, file the certificate of death: Provided, That for implementation of
electronic filing of death certificates, the person who certifies to cause of death will be responsible for filing the
electronic certification of cause of death as directed by the State Registrar and in accordance with legislative rule.

(c) The medical certification shall be completed and signed within twenty-four hours after receipt of the certificate of death by the physician, physician assistant or advanced practice registered nurse in charge of the patient's care for the illness or condition which resulted in death except when inquiry is required pursuant to chapter sixty-one, article twelve or other applicable provisions of this code.

(1) In the absence of the physician, physician assistant or advanced practice registered nurse or with his or her
approval, the certificate may be completed by his or her associate physician, any physician who has been placed in a
position of responsibility for any medical coverage of the decedent, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided inquiry is not required pursuant to chapter sixty-one, article twelve of this code.

(2) The person completing the cause of death shall attest to its accuracy either by signature or by an approved
electronic process.

(d) When inquiry is required pursuant to article twelve, chapter sixty-one or other applicable provisions of this code,
the state Medical Examiner or designee or county medical examiner or county coroner in the jurisdiction where the
death occurred or where the body was found shall determine the cause of death and shall complete the medical
certification within forty-eight hours after taking charge of the case.

(1) If the cause of death cannot be determined within forty-eight hours after taking charge of the case, the medical
examiner shall complete the medical certification with a “Pending” cause of death to be amended upon completion of medical investigation.

(2) After investigation of a report of death for which inquiry is required, if the state Medical Examiner or designee or
county medical examiner or county coroner decline jurisdiction, the state Medical Examiner or designee or county
medical examiner or county coroner may direct the decedent's family physician or the physician who pronounces death to complete the certification of death: Provided, That the physician is not civilly liable for inaccuracy or other incorrect statement of death unless the physician willfully and knowingly provides information he or she knows to be false.

(e) When death occurs in an institution and the person responsible for the completion of the medical certification is
not available to pronounce death, another physician may pronounce death. If there is no physician available to
pronounce death, then a designated licensed health professional who views the body may pronounce death, attest to the pronouncement by signature or an approved electronic process and, with the permission of the person responsible for the medical certification, release the body to the funeral director or other person for final disposition: Provided, That if the death occurs in an institution during court-ordered hospitalization, in a correctional facility or under custody of law-enforcement authorities, the death shall be reported directly to a medical examiner or coroner for investigation, pronouncement and certification.

(f) If the cause of death cannot be determined within the time prescribed, the medical certification shall be completed as provided by legislative rule. The attending physician or medical examiner, upon request, shall give the funeral director or other person assuming custody of the body notice of the reason for the delay, and final disposition of the body may not be made until authorized by the attending physician, medical examiner or other persons authorized by this article to certify the cause of death.

(g) Upon receipt of autopsy results, additional scientific study, or where further inquiry or investigation provides
additional information that would change the information on the certificate of death from that originally reported, the certifier or any State Medical Examiner who provides such inquiry under authority of article twelve, chapter sixty-one of this code shall immediately file a supplemental report of cause of death or other information with the section of vital statistics to amend the record, but only for purposes of accuracy.

(h) When death is presumed to have occurred within this state but the body cannot be located, a certificate of death
may be prepared by the state Registrar only upon receipt of an order of a court of competent jurisdiction which shall
include the finding of facts required to complete the certificate of death. The certificate of death will be marked
“Presumptive” and will show on its face the date of death as determined by the court and the date of registration, and shall identify the court and the date of the order.

(i) The local registrar shall transmit each month to the county clerk of his or her county a copy of the certificates of all
deaths occurring in the county, and if any person dies in a county other than the county within the state in which the
person last resided prior to death, then the state Registrar shall furnish a copy of the death certificate to the clerk of the county commission of the county where the person last resided, from which copies the clerk shall compile a register of deaths, in a form prescribed by the state Registrar. The register shall be a public record.

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?

W. Va. Code Ann. § 16-5-23

(a) The funeral director or other person who assumes custody of a dead body shall obtain authorization prior to final
disposition of the body.

(1) The physician or State Medical Examiner, county medical examiner or designee shall authorize final disposition of
the body on a form or in a format prescribed by the State Registrar.

(2) If the body is to be cremated, authorization for cremation must be obtained from the State Medical Examiner,
county medical examiner or county coroner on a form or in a format prescribed by the State Medical Examiner's
office.

(b) Prior to final disposition of a fetus, irrespective of the duration of pregnancy, the funeral director, the person in
charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from a
parent authorization for final disposition on a form or in a format prescribed by the State Registrar.

(c) With the consent of the physician or State Medical Examiner or county medical examiner or designee who is to
certify the cause of death, a dead body may be moved from the place of death for the purpose of being prepared for
final disposition.

(d) An authorization for disposition 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) No sexton or other person in charge of any place in which interment or other disposition of dead bodies is made
may inter or allow interment or other disposition of a dead body or fetus unless it is accompanied by authorization for final disposition.

(f) Each person in charge of any place for final disposition shall return all authorizations to the funeral director or
person acting as such within ten days after the date of disposition and shall indicate the date of disposition on the
authorization.

(g) Each person in charge of any place for final disposition shall keep a record of all bodies interred or otherwise
disposed of on the premises under his or her charge. The record must contain the name of the deceased person, place of death, date of burial or disposal, name and address of the funeral director or person acting for him or her, and other ​information as may be required by legislative rule. The record shall at all times be open to official inspection.

(h) When there is no person in charge of the place for final disposition, the funeral director or person acting as such
shall complete the authorization and write across the face of the authorization “No person in charge.”

(i) Not later than the tenth day of each month, the funeral director or person acting as such shall transmit to the State Registrar, in the state where the death occurred, all authorizations received during the month.

(j) Authorization for disinterment and reinterment is required prior to disinterment of a dead body or fetus, except as
authorized by legislative rule or otherwise provided by law or by order of a court of competent jurisdiction. The
authorization must be issued by the local registrar to a licensed funeral director, embalmer, or other persons acting on their behalf, upon proper application.

What are the experiences reported by others who have done this in my state?

Coming soon.

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