Funerals and Burials & Relevant Laws
After the decedent’s death has been officially certified, and any donations or autopsies have been completed, loved ones may begin the burial or cremation process and hold a funeral or memorial.
Burials and Cremations
The decedent may have left instructions or information regarding burial or cremation, such as a pre-purchased burial plot or urn placement. If the decedent’s wishes for burial or cremation are unclear, state law may provide that a surviving spouse or registered domestic partner may make those decisions, followed by children, parents, and next of kin. Otherwise, surviving loved ones should do their best to agree on arrangements.
If the decedent will be buried, a mortuary or funeral provider will collect the body, prepare it for burial, and store it until the funeral or memorial service, if any. The mortuary or funeral provider will transport the body to the cemetery for burial after the service and may coordinate with the cemetery on behalf of the family. Sometimes, the mortuary or funeral provider will offer other services, such as obtaining copies of the death certificate or notifying agencies and entities of the death.
Mortuaries and funeral providers may offer a choice of services, allowing loved ones to select a casket and decide how the decedent’s body will be prepared for burial. Embalming is often not necessary, although it may be required by law under some circumstances, such as when the body will be transported across state lines or when the body will be stored for a relatively long time before burial (or cremation). If loved ones purchase a casket or urn from somewhere other than the mortuary or funeral provider, they cannot be charged an additional fee for its use. Mortuaries and funeral providers are also required by the Federal Trade Commission to provide itemized prices for their services.
If the decedent will be cremated, a mortuary or crematory will collect the body and cremate it in compliance with any legal requirements. (Laws may limit where cremated remains may be scattered or buried.) If the cremation is handled by a mortuary, it may provide other services, such as obtaining copies of the death certificate and notifying agencies and entities of the death. Family members may need to coordinate directly with a church or cemetery for urn placement or memorial services.
Funerals and Memorial Services
Before or after burial or cremation, loved ones may wish to hold a funeral or memorial service. Funerals are generally traditional services held in churches and funeral homes where the decedent’s body is displayed in a casket, while memorials are typically less traditional and may not include a display of the decedent’s body. The decedent’s culture or faith may indicate a preference for a specific type of service, such as a shiva. If the decedent was affiliated with a particular organization, like a military or community group, the organization may offer to contribute funds or services. Viewings and wakes are usually complementary services to funerals or memorials in which loved ones sit with the decedent’s body or visit with their family and friends.
A decedent may leave a funeral or memorial plan outlining their wishes. A family member or executor may be able to locate this plan in a safe place near the decedent’s will or other important documents. The decedent may have also left the plan with a trusted family member or friend, or vocalized their wishes before they passed. The plan may specify preferences such as who should attend a service, speak at a service, or serve as pallbearers. It may also state the decedent’s preference for a ceremony location, the clothing that they would like their body to wear, whether they would like loved ones to donate to a certain organization in their honor, and where their obituary should appear and what it should mention.
Sometimes a family member pays funeral costs out of pocket and is later reimbursed from the estate. In other cases, the funeral provider agrees to wait until the probate process begins and is paid from estate funds. If the funeral provider agrees to wait for payment, it may insist that a family member assume responsibility for the bill if the estate does not pay.