Can a Funeral Home Hold a Body Until the Bill Is Paid?

It depends on the state. The federal Funeral Rule doesn't say when a funeral home must release a body. The Funeral Consumers Alliance (FCA) says that in some states a funeral director may legally hold a body until the bill is paid, in others it may not, and some state laws are silent. Don't assume either way: ask the home which rule it relies on, and contact your state's funeral board or a lawyer quickly if it refuses to release remains.

What does the law say about holding a body?

Three layers of rules apply, and only one of them is federal.

The Funeral Rule requires each funeral home to list its price for forwarding remains to another funeral home and for receiving remains from another one. That tells you transfers between homes are routine. It doesn't tell you what a home can do if a bill is unpaid, and the FTC's rule says nothing on that point.

State rules are where the answer sits. The FCA says that in some states it is legal for a funeral director to hold a body until the bill is paid, that in others it is not, and that some state laws don't deal with the issue. In most states a licensing board regulates funeral homes, and it can tell you what the rule is where you live. Our guide to state funeral laws explains how federal and state rules fit together.

A funeral home is also a business with a contract. Whether it can pause services such as a viewing, a cremation or a burial over an unpaid bill depends on what you signed and on state law. That is a different question from releasing the body to the family or to another funeral home.

Who has the right to decide?

State law gives the right to control the funeral to a specific person. That is usually someone the person who died named in writing, and otherwise the next of kin in a set order.

• Texas puts a person designated in a signed written instrument first, then the surviving spouse, adult children, parents and adult siblings, with other relatives and the estate's representative further down the list.
• California starts with an agent under a health care power of attorney, then the spouse, adult children (a majority if there is more than one), parents, siblings and other relatives.

The FCA says the power to name a designated agent for disposition is honored in all states. Our guide to appointing a funeral representative explains how.

This matters in a dispute because a funeral home normally acts on instructions from the person with that right. If relatives disagree, state law may send the question to a court. Under Texas law, a funeral establishment isn't liable for refusing to accept or dispose of remains until it receives a court order or other suitable confirmation that the dispute has been settled. Other states handle it differently. If you are in a family conflict, ask a probate lawyer promptly.

Who owes the funeral bill?

Usually the estate does. The FTC says family members generally don't have to pay a deceased relative's debts from their own money. It lists exceptions: you cosigned, you are the spouse and live in a community property state such as California, or you were legally responsible for resolving the estate and didn't follow certain state probate laws. Ask a lawyer how it applies to you.

For funeral bills, the contract matters most. If you sign the funeral home's agreement, the home will look to you for payment. Some state laws go further. Texas makes the person who exercises the right to control disposition liable for the reasonable cost of interment, with a right to seek repayment from the estate, and California says the liability for the reasonable cost of disposition falls on the person with the right of control, with limits for a health care agent. Our guides to who pays for a funeral, funeral debt collection and paying before probate cover the money side.

What can you do if you can't pay or the bill is higher than expected?

1. Ask for the paperwork. Get the General Price List and the itemized statement of what you selected. The Funeral Rule requires the home to list each item, its price and the total. Compare the bill to those documents.
2. Dispute anything you didn't choose. The home may charge only for items you selected or that the law, a cemetery or a crematory requires, and it must explain any required item in writing.
3. Get a price from a lower-cost home. Ask what it charges to receive remains and arrange a transfer. See switching funeral directors.
4. Ask about the first home's charges to date, such as removal and care of the body. Get an itemized figure and the daily rate for refrigeration in writing if storage is being added.
5. Ask about payment plans. See funeral payment installments.
6. Check life insurance. If there is a policy, ask the home about an assignment so it is paid from the policy. See assigning benefits to a funeral home and funeral insurance payout times.
7. Look for public help. County and state programs are basic, and rules differ by place. See government help with funeral costs and what to do if you can't afford a funeral.

What if the home refuses to release the body?

Act the same day if you can, because delays add storage charges and stress.

1. Ask the funeral home to state in writing why it won't release the body and which law or rule it relies on.
2. Contact your state's funeral licensing board. The FCA says to address a complaint to the state regulatory or licensure board where there is one, and to consider the state attorney general's consumer affairs office as well if there may be criminal conduct.
3. Tell the home you are doing so. Keep a written log of every call: who said what and when.
4. Talk to a lawyer about whether a court order is available where you live. Legal aid offices may help if money is tight.
5. You can also report problems with price disclosures to the FTC at reportfraud.ftc.gov or 1-877-382-4357. Our guide to funeral consumer rights explains where each kind of complaint goes.

If a mix-up with identification is the real worry, see our guide to a funeral home with the wrong body.

What if the body is held for a different reason?

A coroner or medical examiner may keep a body while a death is investigated, and that is not a payment hold. The office decides when the body can be released, and families can usually arrange the funeral once it does. See our guide to the coroner's investigation.

How long can a body stay with a funeral home?

State law sets deadlines in some places. Florida, for example, requires remains to be refrigerated at 40 degrees Fahrenheit or below, embalmed or otherwise preserved if held more than 24 hours after death, and lets a licensed funeral home that has had remains for 90 days or more dispose of them if the person with the right to decide fails or refuses to direct the disposition. In Texas, if the person with the right to control the disposition doesn't make final arrangements within a set time, the right can pass to others. Don't let a dispute run for weeks without a plan, because deadlines and charges can both build.

What to do next

1. Ask every funeral home for its General Price List before you sign anything.
2. Get written, itemized charges for any services already done.
3. If a home won't release remains, contact your state funeral board and a lawyer the same day.
4. If money is the problem, ask the county social services office what help exists before you sign a contract.