Do You Have to Use a Funeral Home? What the Law Requires

In most states, no, you are not legally required to use a funeral home. The Funeral Consumers Alliance (FCA) says that in most states an individual, family, community or religious group can handle a death without hiring a funeral director. Nine states do require one for some or all of the steps. Even where you do hire a funeral home, federal rules let you buy only what you want.

This guide explains where the line falls, what practical limits still apply, and your rights if you do use a funeral home. It is general information, not legal advice, and state rules change, so confirm with your state before you rely on it.

Which states require a funeral director?

The FCA lists nine states where the law compels families to use a commercial funeral home. The table shows what the FCA says each one requires.

Laws change and details differ, so check with your state funeral board or your local funeral consumers alliance before planning anything.

In the other states, you generally have more freedom. The FCA says most states do not compel you to use a commercial funeral home. Whether you can file the death certificate and get permits yourself depends on the state, and rules on details such as transport, permits and where a burial can take place still vary by state.

What if you use a funeral home for only part of it?

Hiring a funeral director for certain tasks doesn't commit you to a full package. Under the FTC Funeral Rule you can choose only the items you want, and they are itemized on the price list. If you live in a state that requires a director, you can ask for a price covering only the tasks your state requires and compare it with other providers.

The Rule does allow one fee you can't decline: the funeral home's basic services fee. It covers the provider's overhead and general services, and it is added to the total cost.

Practical limits even where the law doesn't require a funeral home

• Crematories. The FCA notes that in some states only a licensed funeral director can arrange a cremation. It also warns that some crematories only work through funeral homes even where the law allows families to deal with them directly. Ask the crematory first.
• Cemeteries. A cemetery sets its own rules for opening a grave, timing and equipment. Ask what it requires and what it charges before you commit.
• Hospitals, nursing homes and hospices. Ask what they need from you to release the body to your family instead of a funeral home, and tell them early if that is your plan.
• Home burial. Burying on private land is governed by state and local rules and zoning. See our guide to home burial laws in the US.
• Paperwork. Even where families may handle it themselves, the death certificate still has to be filed and you may need permits for transit and disposition. Your state vital records office can tell you what it requires.

If you want to care for the body at home before a burial or cremation, our home funeral FAQ and state guide to home funeral laws cover the details.

What the FTC Funeral Rule lets you skip or insist on

The Funeral Rule is the FTC regulation at 16 CFR Part 453. It applies to funeral providers, meaning businesses that sell both funeral goods and funeral services. It does not apply to third-party sellers such as casket and monument dealers, or to cemeteries without an on-site funeral home.

Your main rights with a funeral home are:

1. Phone prices. You can ask for prices by phone, and the home must give you accurate information.
2. A General Price List (GPL). The home must hand you a written itemized list to keep when you start discussing arrangements in person. Our guide to the General Price List explains what it must show.
3. Choose items separately. You don't have to accept a package that includes things you don't want.
4. Bring your own casket or urn. A home cannot refuse a casket you bought elsewhere or charge a fee for using it. See buying a casket online.
5. An alternative container for cremation. A home can't claim a casket is required for direct cremation. It must say that an alternative container can be used.
6. Embalming only with permission. Except where a law requires it, a home needs your prior approval before charging for embalming.
7. An itemized statement. After you choose, the home must give you a statement of each item and its price, and identify anything the law truly requires.

It is a violation for a funeral home to claim that a law requires something when it doesn't. For more on how the Rule works, see our guide to the FTC Funeral Rule.

Is embalming or a casket required?

Embalming is rarely required. The FTC says no state law requires routine embalming for every death, and that refrigeration is often an acceptable substitute. Some states require embalming or refrigeration if the body isn't buried or cremated within a certain time. The FCA adds that in no state is it required when burial or cremation takes place within two days. For more, read our guide on whether embalming is required by law.

For cremation, a casket is never required. Most crematories do require a rigid, combustible container, and funeral providers must offer an inexpensive alternative container.

For burial, the FTC's required disclosure on outer burial containers says that in most areas of the country, state or local law does not require you to buy a container to surround the casket in the grave. A cemetery may still have its own rules, so ask it directly.

Who decides if family members disagree?

If you want a funeral that differs from what relatives expect, the question of who has legal authority matters. The FCA says that without a named agent, the right to control disposition usually passes down an order that starts with a spouse, then adult children, parents and siblings. It also says the power to name a designated agent for body disposition is honored in all states, and that requirements for doing so vary, usually a signed, notarized or witnessed written document.

If your wishes are unusual, such as a home funeral or a particular person in charge, put them in writing while you are well. Our my funeral wishes document is one way to record them. Whoever you name should also know where the money will come from, since the FCA notes that agents aren't obliged to carry out wishes that are highly impractical, illegal or financially burdensome.

What to do next

1. Check your state's rules with the state funeral board or your local funeral consumers alliance, and whether the crematory or cemetery you'd use will deal with you directly.
2. Phone two or three funeral homes and ask for their prices. The Rule requires homes to give accurate price information over the phone.
3. If you choose a funeral home, ask for the General Price List and take your time before selecting items.
4. Write down who will make decisions, and tell your family.