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What Legal Requirements Do I Need to Fulfill When Planning a Home Funeral?

Individuals who plan to conduct a funeral themselves must adhere to the laws, regulations, and level of care that a funeral service practitioner would provide. While choosing a home funeral […]

Individuals who plan to conduct a funeral themselves must adhere to the laws, regulations, and level of care that a funeral service practitioner would provide. While choosing a home funeral can reduce your overall costs, you are expected to fulfill some general requirements to comply with the law. For example, a death certificate must be filed for any death that occurs in the United States, and only a funeral director can fulfill this requirement in some states. The National Home Funeral Alliance maintains a list of associated state laws to be aware of if you are interested in conducting a home funeral.

If part of the home funeral plans involves transporting the body of the person who died to the site where they will be buried or cremated, another legal requirement that typically needs to be fulfilled is a burial-transit permit. Once you have obtained the permit, keep it handy in case you need to prove that you have permission and authorization to handle specific arrangements. Transportation permits can be essential if you are traveling across state lines with the body of the person who died.

There are many people in the funeral industry who consider themselves to be home funeral-friendly and are willing to help you understand the applicable guidelines and regulations in your state if you’re seeking clarity about the logistics. Generally speaking, no laws require individuals to use a funeral home when planning or arranging services. Similarly, individuals have the right to purchase only the services they want, and they aren’t required to use them if they don’t want them. Whether you choose a home funeral or a traditional funeral, we encourage you to become familiar with the Funeral Rule to ensure you understand your rights. 

Sources 

“Am I Required By Law to Use a Funeral Home?” National Cremation. https://www.nationalcremation.com/cremation-information/am-i-required-by-law-to-use-a-funeral-home 

“State Laws”. National Home Funeral Alliance. https://www.homefuneralalliance.org/state-laws.html