Burial & Cremation Laws in North Carolina
Each state has laws affecting what happens to a body after death. For example, most states have unique rules about embalming, burial or cremation, scattering ashes, and how to get a death certificate. Here are some answers to common questions about post-death matters in North Carolina.
1. How do I get a death certificate?
2. Who can order a death certificate?
3. Is embalming required?
4. Is a casket necessary for burial or cremation?
5. Do I have to buy a casket from the funeral home?
6. Where can bodies be buried in North Carolina?
7. Where can we store or scatter ashes after cremation?
8. Learn more.
You may need copies of a death certificate for a number of reasons. You might want a copy for your personal records or, if you are in charge of wrapping up the deceased person’s affairs, you may require multiple, official (certified) copies to carry out your job. You will need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable on death accounts, veterans benefits, and many others.
In North Carolina, a death certificate must be filed with the county registrar within five days. (North Carolina Laws § 130A-115.) The easiest way to get copies of a death certificate is to ask the person or organization that files the certificate to order them for you at the time of the death; usually this will be a funeral home, mortuary, or crematory. If you are the executor of the estate, you should ask for at least ten certified copies.
If you need to order more copies later, visit the website of the North Carolina Department of Public Health. From the DPH website, you can download a mail-in order form or find a link to order death certificates online or by phone.
To order certified copies of a death certificate, you must provide an acceptable form of identification, such as a government issued photo ID. The first certified copy of a North Carolina death certificate costs $24; additional copies cost $15 each.
In North Carolina, certified copies of a death certificate may be issued only to the following individuals:
- the deceased person’s spouse, sibling, direct ancestor, direct descendant, stepparent, or stepchild
- any person who needs the record to determine a personal or property right, or
- the authorized representative of any of the people named above.
Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Though embalming is still fairly common, it is rarely necessary; refrigeration serves the same purpose.
In North Carolina, there are no laws or regulations requiring embalming.
A casket is often the single greatest expense incurred after a death. The cost can range from $500 for a simple box to $20,000 or more for an elaborate design. Some people prefer to forgo a casket altogether.
Burial. No law requires a casket for burial. However, you should check with the cemetery; it may have rules requiring a certain type of container.
Cremation. No law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.
No. Federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. You may also build your own casket, if you prefer.
Most bodies are buried in established cemeteries, but there are no state laws in North Carolina that prohibit burial on private property. Local governments may have rules governing private burials, however. Before conducting a home burial, check with the town or county clerk and local health department for any rules you must follow.
If you do bury a body on private land, you should draw a map of the property showing the burial ground and file it with the property deed so the location will be clear to others in the future.
In North Carolina, there are few restrictions on scattering or storing cremated remains. (The rules are set out in North Carolina Statutes § 90-210.130.) According to state law, ashes may be placed in a crypt, niche, or grave -- or kept at home. Ashes may also be scattered in any of ways listed below.
Cremation renders ashes harmless, so there is no public health risk involved in scattering ashes. Use common sense and refrain from scattering ashes in places where they would be obvious to others.
Scattering ashes in an established scattering garden. Many cemeteries provide gardens for scattering ashes. If you’re interested, ask the cemetery for more information.
Scattering ashes on private land. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, North Carolina law requires that you obtain permission from the landowner.
Scattering ashes on uninhabited public land. North Carolina law allows you to scatter ashes on “uninhabited public land.” If you aren’t sure whether a particular place qualifies as “uninhabited” under the law, you may wish to check city and county regulations and zoning rules before proceeding. However, many people simply proceed as they wish, letting their best judgment be their guide.
Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. As with local or state land, however, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, and waterways. You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.
Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.
The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.
North Carolina law states that you must remove cremated remains from their container before scattering.
For more information, including the contact information for the EPA representative in North Carolina, see Burial of Human Remains at Sea on the EPA website.
Scattering ashes by air. In North Carolina, ashes may be scattered from a plane. Federal aviation laws do prohibit dropping objects that might cause harm to people or property, but the U.S. government does not consider cremains to be hazardous material. All should be well so long as you remove the ashes from their container before scattering.
To learn about the federal Funeral Rule, which protects consumers in all states, visit the website of the Federal Trade Commission.
For more information about funeral laws in North Carolina, see Making Funeral Arrangements in North Carolina.
To find out more about funerals and other final arrangements, see the Getting Your Affairs in Order section of Nolo.com.