You can arrange a burial without embalming anywhere in the United States. No state requires embalming for every death, and the Federal Trade Commission’s Funeral Rule makes it illegal for a funeral home to embalm a body without permission. The practical work is telling the funeral home clearly, choosing a cold-preservation method for any days between death and burial, and picking a burial type that matches your wishes.
The Federal Rule That Protects Your Choice
The FTC’s Funeral Rule, at 16 CFR Part 453, bars a funeral provider from embalming a body without your authorization. A provider cannot charge you for embalming unless a specific state or local law requires it in your circumstances or you gave explicit prior approval. If a funeral home embalms without authorization, it must disclose that on your itemized statement and cannot bill you for it.1eCFR. 16 CFR 453.5 – Services Provided Without Prior Approval
The rule also gives you an itemized General Price List on request and the right to select only the services you want. No package requirement, no forced bundling. If you choose direct cremation or immediate burial, the funeral home must clearly state that no embalming fee applies.2Federal Trade Commission. Complying with the Funeral Rule
Some funeral homes have internal policies requiring embalming for a public open-casket viewing. That is a business policy, not a legal one. The FTC recommends asking whether a private family viewing without embalming is available, and most homes will accommodate the request.3Federal Trade Commission. The FTC Funeral Rule
State Timing Rules
Many states require that a body be either embalmed or refrigerated if burial or cremation does not happen within a set window after death. The window is commonly 24 to 48 hours. Refrigeration almost always satisfies the requirement, so a family that wants to skip embalming simply needs to keep the body cool.3Federal Trade Commission. The FTC Funeral Rule
A handful of states also require embalming or approved preservation when someone dies from a communicable disease, though refrigeration is often accepted as an alternative even then. Confirm the rules where the death occurs and where the burial will take place, especially if those are different states.
Preservation Without Chemicals
If you decline embalming but need a few days before burial, cold does the work chemicals would otherwise do.
Refrigeration
Refrigeration is the most common alternative. Funeral homes hold the body at roughly 36°F to 40°F, which slows decomposition significantly. Under good conditions it can preserve a body for several weeks, giving families time for arrangements, travel, and gatherings. It also satisfies state timing laws that require preservation beyond 24 or 48 hours. Expect a daily fee, typically in the range of $50 to $200 depending on the region and facility. Ask for the exact charge on the General Price List before agreeing.
Dry Ice
Dry ice works well for short-term preservation, especially during transport or when a family keeps the body at home for a day or two before burial. Blocks placed around the torso keep the core temperature low enough to delay decomposition. Handle it with thick gloves and wrap it in cloth or towels to avoid skin burns. Use it in well-ventilated rooms only, since it releases carbon dioxide as it sublimates.
Cooling Systems
Portable cooling systems use water-based pads placed beneath or around the body to maintain a steady temperature. They are most commonly associated with infant loss, where devices such as the CuddleCot let parents spend time with a baby without repeated transfers to a morgue. Similar technology exists for adults but is less widely available.
Burial Types That Fit
Direct Burial
Direct burial means the body goes into the ground shortly after death, without a viewing or ceremony beforehand. With no public display, funeral homes do not require embalming. The body is usually placed in a simple container rather than an expensive casket. The median cost of a direct burial is $2,995 when the family provides the container and $3,720 when the funeral home supplies one, compared with $8,300 for a traditional funeral with viewing, ceremony, and casket.4National Funeral Directors Association. 2024 NFDA Cremation and Burial Report A memorial service can still happen later, without the time pressure of preserving the body.
Green Burial
Green burial goes further than skipping embalming. Certified green burial grounds prohibit embalming fluids, concrete vaults, vault lids, and metal caskets. The body must be placed in a container made entirely of natural, biodegradable materials or wrapped in a shroud.5Green Burial Council. Green Burial Council Burial Cemetery Certification Standards Common casket materials include untreated pine, wicker, bamboo, and willow. Shrouds are typically cotton, wool, hemp, or similar natural fibers. Roughly 220 natural burial cemeteries operate across the country, and the number is growing. The National Funeral Directors Association describes green burial grounds as seeking to inter without impediment: no embalming, no liners, only biodegradable containers.6National Funeral Directors Association. Green Burial
Home Burial
Most states allow burial on private property. A few, including California, Indiana, and Washington, prohibit it outright. Where it is legal, home burial typically requires compliance with local zoning ordinances, minimum setback distances from water sources and property lines, and a filed burial permit. Some jurisdictions require that the burial location be recorded on the property deed, which can affect a future sale of the land. Home burial rarely involves embalming, since the family manages the process directly and the body is usually interred soon after death. Check county-level zoning rules early, since they can vary between neighboring jurisdictions in the same state.
Viewing Without Embalming
You can hold a viewing without embalming. Private viewings of an unembalmed body work well within a day or two of death, particularly with refrigeration. Experienced funeral directors report that bodies kept under consistent refrigeration can look essentially unchanged for a week or more, though results vary with the individual and the circumstances of death.
Some subtle differences show up compared with an embalmed viewing. Minor discoloration in the ears, fingertips, and other extremities is normal after several days of refrigeration. The skin feels cooler to the touch. Cosmetic preparation by the funeral home addresses most visual concerns without any chemical injection. If a viewing matters to you but embalming does not, ask the funeral home specifically about a private viewing with refrigeration as the only preservation method. Most will accommodate this, even where the default recommendation is embalming.
If the Body Has to Cross State Lines
Transportation adds a layer of planning when the death occurs in a different state from where burial will take place. The key document is a burial transit permit, usually obtained through the funeral home when the death certificate is filed.
Some states require embalming when a body is moved across state lines by common carrier, such as an airline or commercial transport service. Others accept refrigeration or dry ice. Check the rules in both the origin and destination states. If the destination is within driving distance, transporting the body in a private vehicle is legal in most states and avoids common-carrier embalming requirements. Keep the body cool with dry ice and use a container that prevents fluid leakage. For air transport, airlines set specific packaging requirements, and dry ice, when used, falls under dangerous goods regulations and must be declared separately.
How to Arrange It
Tell the funeral home you do not want embalming. Say it early and say it clearly. If the funeral director pushes back or claims it is required by law, ask them to show you the specific statute. In the vast majority of circumstances, no such law exists. You have the right to an itemized price list and the right to select only the services you want.2Federal Trade Commission. Complying with the Funeral Rule
If a funeral home embalms without your consent, that is a violation of federal law, and you can file a complaint with the FTC. More practically, choosing a funeral home that regularly handles non-embalmed burials, green burials, or serves religious communities that prohibit embalming will make the process smoother.
The paperwork is straightforward. A death certificate must be completed and filed, which triggers the issuance of a burial or disposition permit. The funeral director handles most of this, but confirm the permit is in hand before the body is transported or buried. If you are managing a home burial or direct burial without a funeral home’s full involvement, check with your county registrar’s office about filing requirements, since some jurisdictions allow families to handle the paperwork directly.
Confirm that your chosen cemetery accepts non-embalmed remains. Traditional cemeteries almost always do, since embalming has never been a universal legal requirement. Green burial cemeteries require it. The only places where you might encounter resistance are funeral homes with rigid internal policies, and even there, the law is on your side.1eCFR. 16 CFR 453.5 – Services Provided Without Prior Approval