Protecting the Rights of Virginians

Conducting a home funeral doesn't require a licensed funeral director or a law degree, but families are responsible for following the law. The resources below should make understanding and executing your legal responsibilities relatively straightforward. Following the law is about more than making sure you've done it correctly. It's also about making sure that the right to care for our dead in Virginia is protected for other families. ​

On This Page

  • Virginia funeral laws and administrative rules
  • Legal filing requirements
  • Links to important offices
  • ​What to do when rights are challenged
  • Virginians can care for their own dead. Under Virginia law, anyone can perform the functions of a funeral director for family and community members as long as they’re not paid to do so. The legal right to file the death certificate is protected in § 32.1-263-b where it states, "The licensed funeral director, funeral service licensee, office of the state anatomical program, or next of kin as defined in 54.1-2800 who first assumes custody of a dead body shall complete the certificate of death…If a member of the next of kin of the deceased completes the certificate of death, he shall file the certificate of death in accordance with the requirements of subsection A but shall not be required to file the certificate of death electronically." (See How to Have a Home Funeral.)
  • Virginians can determine what happens to their body after they die or can delegate that authority. Virginia Code § 54.1-2825 specifies: "Any person may designate in a signed and notarized writing, which has been accepted in writing by the person so designated, an individual who shall make arrangements and be otherwise responsible for his funeral and the disposition of his remains, including cremation, interment, entombment, or memorialization, or some combination thereof, upon his death. This designee shall have priority over all persons otherwise entitled to make such arrangements, provided that a copy of the signed and notarized writing is provided to the funeral service establishment and to the cemetery, if any, no later than 48 hours after the funeral service establishment has received the remains." (See Virginia Code § 54.1-2825, Virginia Code § 54.1-2807.02, and How to Complete Paperwork.)
  • Virginia is a preference state, meaning that a person who has had their written directions for funeral care witnessed may be guaranteed that the state will ensure their wishes are met. 
  • Hiring a funeral director is not required to file a death certificate. Virginia law provides for what is called a "drop to paper" option despite having fully functioning Electronic Death Registration System (EDRS). This option is specifically designed to accommodate next-of-kin choosing not to hire a proxy. From Frequently Asked Questions, Virginia Department of Health, Vital Records: "Code § 32.1-263 allows the next of kin to take possession of the remains and also to manually complete and file the death certificate with the local VA Health Department." (For detailed directions on how to file, go to How to Complete Paperwork.)
  • Virginians may arrange a burial or cremation without hiring a funeral director. Immediate family are by law the default decision makers regarding physical remains. If you want someone other than your immediate family to direct or control the disposition of your body, you must write your wishes down and have them witnessed. (See How to Arrange Disposition, Virginia Code § 54.1-2825.)
  • In Virginia, it is legal for a family member or friend to transport a deceased body. Anyone can assist with transporting anywhere, including into other states. No burial transport permit is required to move within the state of Virginia; an "out of state transit permit" is required to remove the body from the state, obtained from the local registrar when filing the drop to paper death certificate. Find the laws here: Virginia code § 32.1-265-b and -d. and Administrative Code 12VAC5-550-400. (For more detail, see How to Transport the Dead.)
  • Virginia families may bury on their own property. There are no laws in Virginia stipulating conditions for home burial. Check with the Virginia Department of Health for specifics, and be sure to check for local or county zoning regulations. (Go to How to Arrange Disposition.)
  • Embalming is not required in Virginia.​ Express consent is required for embalming Virginia Code § 54.1-2811.1
  • If the deceased died of a communicable disease (Virginia Reportable Disease List), contacting your local health authority is required by law. 
  • Burial vaults are not required by law for burial in Virginia, but individual cemeteries may set their own rules and may require purchase of concrete or metal burial vaults (also called outer burial containers) and a casket, rather than a simple shroud, as a matter of cemetery policy. (See How to Go Out Greener.)
  • A medical examiner must view the body prior to cremation (Virginia Code § 32.1-309.3).
  • Virginia law does not regulate casket use in crematories. According to Virginia administrative code 18VAC65-20-436, "No crematory shall require that human remains be placed in a casket before cremation..." 
  • Virginia law does not regulate casket use in cemeteries.
  • Alkaline hydrolysis for human use is not legal in Virginia. A bill was introduced in 2023 but died in committee.
  • Virginia law requires fetal death certificate filings for any fetal death, regardless of cause or gestation.

Virginia Laws and Funeral Rules

Advance directives (§ 54.1-2983)
Container requirements (18VAC65-20-436)
Fetal death certificate (§ 32.1-264)
​Preference guarantee (§ 54.1-2825)
Right to transport the dead (§ 32.1-265)
Right to file the death certificate (§ 32.1-263-b)

Offices, Agencies, and Contacts

Office of the Chief Medical Examiner of Virginia Charged with investigating and maintaining a file on every death that happens in Virginia under specific circumstances: during employment, when not expected, and when the person is not under the care of a physician, or enrolled in hospice, during the period immediately prior to death.

Virginia Department of Health, Vital Records State agency in charge of creating death certificates and keeping records of all births and deaths in Virginia. Families wishing to handle death-related paperwork without hiring a funeral director may do so by delivering a completed and signed dropped to paper death certificate within 72 hours of the death.

Virginia Board of Funeral Directors and Embalmers State agency that supervises and licenses death care professionals and facilities such as funeral directors, funeral homes (also known as mortuaries), and crematoriums; handles investigations into alleged misconduct by death care professionals and facilities.

Virginia Department of Professional Regulations Cemetery Board The Cemetery Board is the regulatory agency that regulates for-profit cemeteries. All other cemeteries—religious, state, county, or municipal—are exempt from licensure, and oversight of this board.

Regulations, Policies, and Laws: Professionals vs. Private Citizens

Regulations for Funeral Professionals
Where a professional, licensed funeral director or practitioner is involved, Virginia Administrative Code for Funeral Director and Embalmer regulations must be followed. These regulations do not apply to citizens; they are specific to licensed professionals.

What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and Virginia Legal Essentials above.)

Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals.)

For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements — can be addressed by our How To pages. You can print out our Resources for Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants,  Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.

Resources and Online Links