- About
- Directory
- Events
- Resources
-
Laws By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- 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
- Support
- DONATE
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 Wisconsin area - please see the NHFA Directory listing located here
For help local to the Wisconsin 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?
Wis. Admin. Code HS § 135.01
Nothing in this chapter shall prevent a member of the immediate family from preparing the corpse of a family member for burial, except as provided in s. DHS 135.05 (1) (b), or from conducting the funeral of a deceased family member.
Wis. Admin. Code HS § 135.05
(b) Any member of the immediate family of a deceased person may prepare the body for burial or other final
disposition, except that no person may embalm a corpse unless that person is licensed as a funeral director, and no
member of the immediate family may prepare a corpse for burial or other final disposition if there is risk of
transmitting a communicable disease from the corpse, either because a communicable disease was the cause of death or the individual had a communicable disease at the time of death, unless
Nothing in this chapter shall prevent a member of the immediate family from preparing the corpse of a family member for burial, except as provided in s. DHS 135.05 (1) (b), or from conducting the funeral of a deceased family member.
Wis. Admin. Code HS § 135.05
(b) Any member of the immediate family of a deceased person may prepare the body for burial or other final
disposition, except that no person may embalm a corpse unless that person is licensed as a funeral director, and no
member of the immediate family may prepare a corpse for burial or other final disposition if there is risk of
transmitting a communicable disease from the corpse, either because a communicable disease was the cause of death or the individual had a communicable disease at the time of death, unless
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?
Wis. Admin. Code HS § 135.05
(c) A corpse need not be embalmed when prepared for burial, entombment or cremation unless it is to be shipped by common carrier as provided under par. (d).
(d) Every corpse to be shipped by common carrier shall be embalmed except a corpse that it is not possible to
embalm, a corpse donated to a school for research and training purposes under s. DHS 135.06 (2), or when the
immediate family of the deceased objects to embalming on religious grounds. Whenever a corpse to be shipped by
common carrier is not embalmed or is in a state of decomposition, the corpse may be shipped only after being
enclosed in a strong, tightly sealed outer case.
(c) A corpse need not be embalmed when prepared for burial, entombment or cremation unless it is to be shipped by common carrier as provided under par. (d).
(d) Every corpse to be shipped by common carrier shall be embalmed except a corpse that it is not possible to
embalm, a corpse donated to a school for research and training purposes under s. DHS 135.06 (2), or when the
immediate family of the deceased objects to embalming on religious grounds. Whenever a corpse to be shipped by
common carrier is not embalmed or is in a state of decomposition, the corpse may be shipped only after being
enclosed in a strong, tightly sealed outer case.
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?
Wisconsin law mentions burial, cremation, entombment, donation to scientific research, 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?
Wis. Stat. Ann. § 979.10
(1)(a) No person may cremate the corpse of a deceased person within 48 hours after the death, or the discovery of the death, of the deceased person unless the death was caused by a contagious or infectious disease. Notwithstanding s.979.09, no person may cremate an unclaimed corpse if the deceased person died as the result of homicide.
No person may cremate a corpse unless the person has received a cremation permit from:
1. The coroner or medical examiner in the county where the death occurred if the death occurred in this state;
2. The coroner or medical examiner in the county where the event which caused the death occurred if the death
occurred in this state and if the death is the subject of an investigation under s. 979.01; or
3. The coroner or medical examiner of the county where the corpse is to be cremated if the death occurred outside this state. A cremation permit issued under this subdivision may not be used in any county except the county in which the cremation permit is issued.
(1)(a) No person may cremate the corpse of a deceased person within 48 hours after the death, or the discovery of the death, of the deceased person unless the death was caused by a contagious or infectious disease. Notwithstanding s.979.09, no person may cremate an unclaimed corpse if the deceased person died as the result of homicide.
No person may cremate a corpse unless the person has received a cremation permit from:
1. The coroner or medical examiner in the county where the death occurred if the death occurred in this state;
2. The coroner or medical examiner in the county where the event which caused the death occurred if the death
occurred in this state and if the death is the subject of an investigation under s. 979.01; or
3. The coroner or medical examiner of the county where the corpse is to be cremated if the death occurred outside this state. A cremation permit issued under this subdivision may not be used in any county except the county in which the cremation permit is issued.
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?
Wis. Admin. Code HS § 135.03
(1) When a person dies, the funeral director or, if a funeral director is not involved, a member of the immediate family of the deceased, shall present or mail a completed death certificate to the local registrar in the registration district where death was pronounced within 9 days after the date of pronouncement of death.
Wis. Stat. Ann. § 69.18
(1) Registration of deaths. (a) Any one of the following may move a corpse for the purpose of final disposition:
1. A funeral director licensed under ch. 445 acting in person or through the agency of another funeral director licensed under ch. 445.
2. A member of the decedent's immediate family who personally prepares for and conducts the final disposition of the decedent.
3. A person acting under s. 157.02 or 445.16.
(b) Any person who moves a corpse under par. (a) shall file a death record for the corpse under this subsection in the
manner prescribed by the state registrar under any one of the following circumstances:
1. The death occurred in this state.
2. The corpse was found in this state.
3. The corpse was removed in this state from a conveyance which was moving at the time of death.
4. The corpse was found in interstate waters and removed in this state.
(bm) A person required to file a death record under par. (b) shall obtain the information required for the death record from the next of kin or the best qualified person or source available. The person filing the death record shall enter his or her signature on the record and include his or her address and the date of signing and shall present or mail the record, within 24 hours after being notified of the death, to the physician, coroner or medical examiner responsible for completing and signing the medical certification. Within 2 days after receipt of the medical certification, the person filing the death record shall mail or present the death record in:
1. The registration district of the place of death if the death occurred in this state.
2. The registration district where the corpse was found or removed if the place of death is not in this state or is
unknown, is removed in this state from a conveyance which was moving at the time of death or is found in interstate
waters and removed in this state.
(1) When a person dies, the funeral director or, if a funeral director is not involved, a member of the immediate family of the deceased, shall present or mail a completed death certificate to the local registrar in the registration district where death was pronounced within 9 days after the date of pronouncement of death.
Wis. Stat. Ann. § 69.18
(1) Registration of deaths. (a) Any one of the following may move a corpse for the purpose of final disposition:
1. A funeral director licensed under ch. 445 acting in person or through the agency of another funeral director licensed under ch. 445.
2. A member of the decedent's immediate family who personally prepares for and conducts the final disposition of the decedent.
3. A person acting under s. 157.02 or 445.16.
(b) Any person who moves a corpse under par. (a) shall file a death record for the corpse under this subsection in the
manner prescribed by the state registrar under any one of the following circumstances:
1. The death occurred in this state.
2. The corpse was found in this state.
3. The corpse was removed in this state from a conveyance which was moving at the time of death.
4. The corpse was found in interstate waters and removed in this state.
(bm) A person required to file a death record under par. (b) shall obtain the information required for the death record from the next of kin or the best qualified person or source available. The person filing the death record shall enter his or her signature on the record and include his or her address and the date of signing and shall present or mail the record, within 24 hours after being notified of the death, to the physician, coroner or medical examiner responsible for completing and signing the medical certification. Within 2 days after receipt of the medical certification, the person filing the death record shall mail or present the death record in:
1. The registration district of the place of death if the death occurred in this state.
2. The registration district where the corpse was found or removed if the place of death is not in this state or is
unknown, is removed in this state from a conveyance which was moving at the time of death or is found in interstate
waters and removed in this state.
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?
Wis. Admin. Code HS § 135.06
(1) Report for final disposition.
(a) 1. Except for transportation under s. DHS 135.07 for purposes of reinterment, a report for final disposition
completed by the funeral director or other person preparing the body for burial or other final disposition shall
accompany each human corpse shipped by common carrier.
2. The report for final disposition shall be attached in a strong envelope to the shipping case when a human corpse is
transported by common carrier.
3. No human corpse may be buried or otherwise finally disposed of unless accompanied by a report for final
disposition which shall serve as authorization for burial or other disposition except cremation. Every person in charge of a place in which burial or other final disposition takes place shall keep a written record of every corpse interred there. A copy of the report for final disposition may serve as that record.
(b) 1. No human corpse of a person who died in Wisconsin may be shipped or otherwise transported out of the state
unless accompanied by a copy of the completed report for final disposition. In addition, if the death was subject to
investigation and certification by a coroner or medical examiner under s. 69.18 (2) (d), Stats., the corpse shall be
accompanied by written permission of the coroner or medical examiner to embalm the corpse and carry out its final
disposition. If the corpse is to be cremated, written permission of the coroner or medical examiner with jurisdiction
under s. 979.10 (1) (a), Stats., is required.
2. No stillbirth delivered in Wisconsin may be shipped or otherwise transported out of the state unless accompanied by a completed report for final disposition.
(c) No human corpse or stillbirth may be shipped or transported into Wisconsin from another state or territory or
from a foreign country unless accompanied by an official burial document from the state or territory where the death occurred or from the federal government in connection with a death in a foreign country. In this paragraph, “official burial document” means a burial permit or equivalent official document provided for in the laws of the state or territory of origin or by the federal government, which identifies the body, indicates the date and place of death and provides information on the cause of death.
(2) Donation of bodies for research and teaching. (a) A human corpse may be donated to a medical or dental school
anatomy department under s. 157.06, Stats., or to a medical school or school of mortuary science under s. 157.02 (3),
Stats.
(b) Because all or part of a donated body will eventually be cremated, the corpse of a person who died in Wisconsin
which is being donated for research or training may not be transported out of the county in which the death occurred until the coroner or medical examiner having jurisdiction under s. 979.10 (1) (a), Stats., has been notified for the purpose of issuing a cremation permit.
(c) A human corpse donated to a school identified in par. (a) shall be transported to arrive at the school within 24
hours after death unless prior arrangements have been made with the receiving school or unless, pursuant to s. 157.06 (8) (a), Stats., a funeral service or other last rites are conducted in which case embalming techniques specified by the school shall be used to preserve the body and the corpse shall be transported to arrive at the school as soon as possible after the rites have been concluded.
(3) Cremation. (a) No person may cremate a human corpse unless the person has received a cremation permit from
the appropriate county coroner or medical examiner under s. 979.10 (1) (a), Stats.
(b) Cremation of a human corpse shall be considered final disposition of that body. No additional permit covering
transportation of the ashes of a cremated body or interment or other disposal of the ashes of a cremated body is
required.
(c) No cremation permit is required for cremation of a stillbirth.
(1) Report for final disposition.
(a) 1. Except for transportation under s. DHS 135.07 for purposes of reinterment, a report for final disposition
completed by the funeral director or other person preparing the body for burial or other final disposition shall
accompany each human corpse shipped by common carrier.
2. The report for final disposition shall be attached in a strong envelope to the shipping case when a human corpse is
transported by common carrier.
3. No human corpse may be buried or otherwise finally disposed of unless accompanied by a report for final
disposition which shall serve as authorization for burial or other disposition except cremation. Every person in charge of a place in which burial or other final disposition takes place shall keep a written record of every corpse interred there. A copy of the report for final disposition may serve as that record.
(b) 1. No human corpse of a person who died in Wisconsin may be shipped or otherwise transported out of the state
unless accompanied by a copy of the completed report for final disposition. In addition, if the death was subject to
investigation and certification by a coroner or medical examiner under s. 69.18 (2) (d), Stats., the corpse shall be
accompanied by written permission of the coroner or medical examiner to embalm the corpse and carry out its final
disposition. If the corpse is to be cremated, written permission of the coroner or medical examiner with jurisdiction
under s. 979.10 (1) (a), Stats., is required.
2. No stillbirth delivered in Wisconsin may be shipped or otherwise transported out of the state unless accompanied by a completed report for final disposition.
(c) No human corpse or stillbirth may be shipped or transported into Wisconsin from another state or territory or
from a foreign country unless accompanied by an official burial document from the state or territory where the death occurred or from the federal government in connection with a death in a foreign country. In this paragraph, “official burial document” means a burial permit or equivalent official document provided for in the laws of the state or territory of origin or by the federal government, which identifies the body, indicates the date and place of death and provides information on the cause of death.
(2) Donation of bodies for research and teaching. (a) A human corpse may be donated to a medical or dental school
anatomy department under s. 157.06, Stats., or to a medical school or school of mortuary science under s. 157.02 (3),
Stats.
(b) Because all or part of a donated body will eventually be cremated, the corpse of a person who died in Wisconsin
which is being donated for research or training may not be transported out of the county in which the death occurred until the coroner or medical examiner having jurisdiction under s. 979.10 (1) (a), Stats., has been notified for the purpose of issuing a cremation permit.
(c) A human corpse donated to a school identified in par. (a) shall be transported to arrive at the school within 24
hours after death unless prior arrangements have been made with the receiving school or unless, pursuant to s. 157.06 (8) (a), Stats., a funeral service or other last rites are conducted in which case embalming techniques specified by the school shall be used to preserve the body and the corpse shall be transported to arrive at the school as soon as possible after the rites have been concluded.
(3) Cremation. (a) No person may cremate a human corpse unless the person has received a cremation permit from
the appropriate county coroner or medical examiner under s. 979.10 (1) (a), Stats.
(b) Cremation of a human corpse shall be considered final disposition of that body. No additional permit covering
transportation of the ashes of a cremated body or interment or other disposal of the ashes of a cremated body is
required.
(c) No cremation permit is required for cremation of a stillbirth.
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.
Support NHFA
Did you find this information helpful? Become a sustaining donor and help us continue our mission of educating individuals, families, and communities about caring for their dead.
|
NHFA |
Resources |
|
© COPYRIGHT 2022. ALL RIGHTS RESERVED.
- About
- Directory
- Events
- Resources
-
Laws By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- 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
- Support
- DONATE