State Funeral Laws: What Each State Requires and Allows

State funeral laws decide who has the legal right to control a person's body, which tasks need a licensed funeral director, and which ways of handling remains are allowed. Nine states require a funeral director for some or all steps: Connecticut, Illinois, Indiana, Iowa, Louisiana, Michigan, Nebraska, New Jersey and New York. In the other 41 states, families can do more themselves, though many still hire help. Prices and sales practices are covered by one federal rule, the FTC Funeral Rule, which applies everywhere.

What does federal law cover, and what do states cover?

The Federal Trade Commission's Funeral Rule governs how funeral homes price and sell. It gives you the right to a General Price List, to price quotes by phone, to buy only the items you want and to use a casket bought elsewhere. You can read how it works in our guide to the General Price List and the FTC Funeral Rule.

States decide everything about the body itself:

• who has the legal right to make arrangements
• whether a licensed funeral director must be involved
• how long a body can wait before burial, cremation or preservation
• which permits and certificates are needed
• which disposition methods are legal, such as alkaline hydrolysis or human composting
• whether burial on private land is allowed

Because these rules differ so much, the answer for one state can be wrong for the next. Check the rules for the state where the death happens and, if the body will travel, the state where the burial or cremation will take place.

Which states require a funeral director?

According to the Funeral Consumers Alliance (FCA), most states do not force families to use a commercial funeral home, but nine do require one for certain steps. What each state requires differs:

• Connecticut: a funeral director must file the death certificate, transport the body and obtain the burial or transit permit.
• Illinois: a funeral director must file the death certificate, handle transport, issue permits and be present at burials and cremations.
• Indiana: a funeral director is required to remove and transport bodies.
• Iowa: a funeral director is required to make arrangements for cremation.
• Louisiana: a funeral director must file the death certificate, transport remains and supervise burials and cremations.
• Michigan: a funeral director must file the death certificate, transport the body, issue permits and supervise disposition.
• Nebraska: a funeral director must file the death certificate, transport the body, issue permits and supervise home burials.
• New Jersey: a funeral director must file the death certificate, transport the body and be present at burials and cremations.
• New York: a funeral director must file the death certificate, transport the body, obtain permits and supervise burials and cremations.

Laws change, so confirm with your state funeral board or vital records office before you plan a family-led funeral. In the other states, you may be able to file paperwork and transport the body yourself, but you will still need to follow state and local rules. Our guides to family-directed funerals and home funeral laws by state go into more detail.

Colorado used to be the only state that did not regulate funeral directors. The FCA reports that the governor signed three bills in May 2024 to regulate the sector, with the new rules taking effect in 2026 and 2027.

Who has the legal right to arrange the funeral?

The person who controls the body and the funeral is set by state law. In every state you can name a designated agent in writing, and the FCA says this power is honored in all states. That matters if you are estranged from relatives or were never married to your partner.

Without a written agent, the FCA describes a typical order of priority:

1. a person the deceased named in writing
2. the surviving spouse
3. adult children
4. parents
5. adult siblings
6. other next of kin
7. the personal representative (executor)
8. a court-appointed person

States differ on details. For example, the FCA notes that Ohio requires an appointment to be signed before a notary or two unrelated witnesses, while Texas and Wyoming let one person authorize when relatives have equal standing. Some states also set short deadlines to claim a body. Alabama gives an agent two days from notification or three days from death, and Mississippi gives five days from notification or ten days from death, whichever is earlier.

An agent is also not obliged to carry out wishes that are impractical, illegal or too expensive. Put wishes in a short, dated, signed document and give copies to the people who will act on them. Our guides on appointing a funeral representative and who arranges the funeral cover the options.

What paperwork do you need?

The exact list depends on the state and on whether the body will be buried, cremated or moved. You will usually meet these documents:

• Death certificate. A medical professional or coroner certifies the cause of death, and the funeral director or the person in charge of disposition files it with the state. Filing deadlines and fees are set by each state. Order enough certified copies for banks, insurers and benefits, as explained in our guide on how many death certificates you need.
• Burial, transit or disposition permit. Many states require a permit before burial, cremation or transport. Your funeral director or the local registrar will tell you which one applies.
• Written appointment of an agent, if the deceased named someone outside the usual family order.
• Military discharge papers. To schedule burial in a VA national cemetery, the VA asks for the DD214 or other discharge documents, plus a death certificate and proof of relationship if applicable.

Is embalming required by law?

No state requires routine embalming for every death, according to the FTC. Under the Funeral Rule, a funeral home may not claim that law requires embalming when it does not. It must state on its price list that embalming is not required by law except in certain special cases, and it may charge for embalming only if a law requires it, you gave clear approval, or it could not reach the family and had good reason to think they would not object.

Refrigeration is often an acceptable alternative, and direct cremation or immediate burial needs no embalming. Some states and some carriers have their own rules for bodies that are moved across state lines or kept for a long period, so ask the funeral home to show you where the requirement is written. The Funeral Rule requires providers to identify any claimed legal requirement in writing. Our guide to whether embalming is required by law has more.

Which disposition options are legal in your state?

Two newer methods depend heavily on state law.

Alkaline hydrolysis (also called water cremation or aquamation) uses water and an alkaline solution instead of flame. The Cremation Association of North America counted 26 states where it was legal as of March 2026, including Alabama, Colorado, Florida, Illinois, Minnesota, Oregon and Washington. Availability also depends on whether a provider near you has the equipment. See our guide to aquamation states.

Human composting (natural organic reduction) turns remains into soil. Washington's 2019 law made it the first state to allow it, and other states have followed. Because more states pass laws each year, confirm your state's current position with its funeral board or health department. Our guide to states where human composting is legal is updated for these changes.

Can you bury at home or scatter ashes?

A home funeral, where the body stays at home for a vigil, is allowed in many states. Burying a body on your own land is more tightly controlled. Some states permit it and many counties restrict it through zoning, health and land-use rules, so you need to check both state and local law. See home burial laws in the USA.

For scattering ashes, federal EPA rules apply at sea. Remains must be at least three nautical miles from shore, you must report the scattering to the EPA within 30 days through its online tool, and only biodegradable items like flowers may go in the water. There is no EPA fee or pre-approval. On land, rules come from states, counties, park agencies and landowners, so ask before you scatter. Our ashes scattering guide explains how to check.

What to do next

1. Find out which state's law applies: where the death occurred, and where burial or cremation will happen.
2. Check whether your state is one of the nine that require a funeral director.
3. Look for a written appointment of an agent, then check your state's order of priority if there is none.
4. Ask at least two funeral homes for their General Price Lists before you decide. Our guide on negotiating funeral prices shows how.

If relatives disagree about who decides, or a dispute looks likely, talk to a probate or family lawyer in your state.