Alabama Home Funeral Laws

Learn the rules that govern home funerals in Alabama.

If you are interested in holding a home funeral for a loved one who has died, you’ll need to be aware of the laws that apply. Here is an overview of the rules that govern home funerals in Alabama.

Do You Need a Funeral Director?

By law, a licensed funeral director must oversee the final disposition of a body in Alabama. State law says that “every funeral service, memorial service, or interment, or part thereof” must be under the direct supervision of a funeral director licensed by the Alabama Board of Funeral Service. (Alabama Code § 34-13-111.)

Who’s In Charge of Body Disposition and Funeral Arrangements?

Although a funeral director must carry out disposition arrangements, the right to make final decisions about a person’s body and funeral services usually goes to a relative of the deceased person. Under Alabama law, this right goes first to a person named by the deceased person in a written affidavit made before death, and after that to family members in an established order.

To learn the rules and the exact order of priority, see Making Funeral Arrangements in Alabama.

Must the Body Be Embalmed?

Embalming is almost never required. Alabama’s only law on the subject states that a body must be embalmed if it is to be transported across state lines. (Alabama Code § 22-19-2.)

Getting a Death Certificate

The person in charge of filing the death certificate must do so within five days of the death and before disposition of the remains. (Alabama Code § 22-9A-14(a).)

You will need certified copies of the death certificate to carry out certain tasks after the death, such as arranging for the disposition of the body and transferring the deceased person’s property to inheritors. The funeral director who files the death certificate should be able to order copies for you.

Getting a Permit to Transport the Body

After filing the death certificate, the funeral director will obtain the necessary permits for transporting the body, and for burial or cremation. (Alabama Code § 22-9A-16(b).)

Is Home Burial Legal in Alabama?

There are no laws in Alabama that prohibit home burial, but you should check local zoning rules before establishing a family cemetery. You can most likely hold a home burial if you live in a rural area.

What About Cremation?

You must arrange cremation through a funeral director, who will obtain the required permit from the medical examiner or coroner. (Alabama Code § 22-9A-16(a).)

For more information about cremation, including information on scattering ashes, see Burial & Cremation Laws in Alabama.

Getting Help With Home Funerals

To learn more about home funerals, visit the National Home Funeral Alliance website. The book Final Rights, by Joshua Slocum and Lisa Carlson, also offers extensive information on the subject.

For more information about final arrangements and documenting your final wishes in advance, see Nolo’s section on Getting Your Affairs in Order.

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