In most of the United States, you do not have to use a funeral home when someone dies. Roughly 40 states let a family member or a designated agent take custody of the body, file the paperwork, and arrange burial or cremation directly. About nine states require a licensed funeral director for at least part of the process, and a few individual crematories and cemeteries impose their own rules on top of state law. Skipping a funeral home is legal for most families; it just means personally handling every step a director would otherwise manage.
States That Require a Funeral Director
About nine states impose some level of mandatory funeral director involvement. The restrictions vary. In some, a director only has to file the death certificate or obtain the burial transit permit, and the family can handle everything else. In others, a director must be physically present for transportation, burial, or cremation. One state treats nearly every aspect of after-death care as requiring a licensed professional.
If you live in one of these states, you can still make the decisions and limit the funeral home’s role to the specific tasks the law demands. Paying a director for a single filing costs far less than a full-service package.
Even in the roughly 40 states with no such mandate, confirm with the specific crematory or cemetery you plan to use. Some private facilities have policies requiring a funeral director as an intermediary regardless of what the law says.
Who Has the Right to Make the Arrangements
Every state sets a priority list for who decides what happens to a person’s remains. The surviving spouse comes first, followed by adult children, then parents, then adult siblings, then more distant relatives.
A person can override that default while still alive by signing a written designation naming an agent for disposition of remains. The document goes by different names from state to state, but the effect is the same: the named agent’s decisions take priority over the standard next-of-kin order. Not every state guarantees the designation will hold if a surviving spouse objects, so it should be properly witnessed and, ideally, discussed with family in advance.
The Paperwork You Take On
The Death Certificate
The death certificate is the first and most important document. Without it, you cannot obtain burial or cremation permits, close bank accounts, file insurance claims, or transfer property.
You fill out the personal information section: full legal name, date of birth, Social Security number, parents’ names, occupation, and place of residence. Then you bring the form to the physician who treated the deceased or, if the death was unattended, to the coroner or medical examiner. That medical professional completes the cause-of-death section and signs the certificate.
You then file the certificate with the local registrar or vital records office in the jurisdiction where the death occurred. Filing deadlines are typically short. Order multiple certified copies at the outset, since banks, insurers, and government agencies each want their own original. Certified copies generally cost between $5 and $34 depending on the state.1USAGov. How to Get a Certified Copy of a Death Certificate
The Burial Transit Permit
Moving the body from the place of death to wherever final disposition will occur requires a burial transit permit in most states, and the permit must usually be obtained before the body is moved. The completed death certificate is typically a prerequisite.
Who can apply depends on the state. Some allow any authorized person. Others restrict permit issuance to licensed funeral directors, medical examiners, or the state registrar, which is one reason a family-directed funeral sometimes still requires paying a director for a single step.2Legal Information Institute. Burial Transit Permit
Crossing state lines adds complexity. The receiving state’s laws govern what permits and preparation are required on arrival, and some states require embalming before interstate transport, particularly if the body travels by common carrier such as an airline.
Notifying Social Security
If the deceased received Social Security or Medicare benefits, someone must report the death to the Social Security Administration. Funeral directors normally handle this. Without one, you report the death by calling 1-800-772-1213 or visiting a local Social Security office in person. The SSA does not accept death reports by email or online.3USAGov. Report the Death of a Social Security or Medicare Beneficiary
You can begin the report without a death certificate but will need one to complete it.3USAGov. Report the Death of a Social Security or Medicare Beneficiary Any benefits paid for the month of death or later must be returned, so report promptly.
Embalming Is Not Required
No federal law requires embalming, and the FTC Funeral Rule specifically prohibits funeral homes from misrepresenting it as a legal requirement.4Federal Trade Commission. Complying with the Funeral Rule
What most states do require is preservation of some kind if disposition does not happen quickly. The typical threshold is 24 to 48 hours, after which the body must be either embalmed or refrigerated. Dry ice and cooling blankets are accepted alternatives in many jurisdictions, which makes short home vigils practical before burial or cremation. Communicable-disease deaths may trigger stricter rules, sometimes requiring embalming regardless of timing.
Handling Burial Without a Funeral Home
Burial in an established cemetery is the most straightforward path. The cemetery will have its own rules about outer burial containers, grave liners, and monument dimensions. These are private policies, not state law, though families sometimes mistake them for legal requirements. You pay for the plot, the opening and closing of the grave, and any required container. A funeral director is not legally necessary for cemetery burial in most states, but some cemeteries prefer to work with one.
Burying a body on private property is legal in many states but not all. Several require burial in an established cemetery, sometimes with an exception for designated family plots that receive a special permit. Where private burial is allowed, local zoning ordinances apply, and health department rules typically mandate minimum distances from water sources, which range from 25 feet in some areas to over 500 feet in others. Check with your county zoning and health departments before assuming this is an option.
Handling Cremation Without a Funeral Home
Cremation has its own authorization process, separate from the burial transit permit. Before a crematory will proceed, you need a cremation authorization form signed by the legal next of kin or designated agent, and a disposition or cremation permit issued by the local authority. The permit confirms the medical examiner or coroner has reviewed the cause of death and cleared the remains.
Most states impose a mandatory waiting period of 24 hours between death and cremation, and some require 48. The waiting period gives the medical examiner time to review and allows family members to raise objections. Cremation is irreversible, so the legal system builds in more safeguards than it does for burial.
The permit fee is usually modest. The crematory’s charge for the cremation itself is separate. Contact the crematory directly to confirm they will work with a family representative; a small number of crematories, and at least one state, require a funeral director as an intermediary.
Your Rights If You Do Use a Funeral Home
Even if you hire a funeral home for part of the process, federal law limits what they can require you to buy. The FTC Funeral Rule requires every funeral provider to give you an itemized General Price List as soon as you begin discussing services, in person or by phone.4Federal Trade Commission. Complying with the Funeral Rule You can pick the individual items you want and decline the rest.
A funeral home cannot tell you embalming is legally required unless state or local law actually mandates it in your specific situation, and they need your prior approval before charging for it. You can buy a casket from any outside retailer, and the funeral home cannot charge a handling fee or surcharge for accepting it.4Federal Trade Commission. Complying with the Funeral Rule Prices must be listed separately for basic services, transportation, use of facilities, and preparation of the body; no bundled package is mandatory.
What You Save, What It Costs You
The median funeral with viewing and burial through a funeral home runs $8,300, and cremation with a memorial service around $6,280. The funeral home’s basic services fee, which covers the director’s coordination, paperwork, and overhead, typically runs about $2,500 at the median.
Families who handle arrangements themselves can eliminate that services fee and avoid markups on caskets, transportation, and facility use. Hard costs remain: a cemetery plot, crematory fee, grave opening, or a simple casket or container. A family-directed burial or cremation can cost a fraction of the full-service price, but the savings come in exchange for hours of logistical work during an already difficult time.
A middle path often works well. Hire a funeral home for the specific tasks you cannot or do not want to handle, such as filing the death certificate in a state that requires a director, and manage the rest yourself. The Funeral Rule guarantees your right to buy services individually rather than as a package, so this approach is legally protected.