Burial & Cremation Laws in Virginia
Each state has laws affecting what happens to a body after death. For example, most states have 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 Virginia.
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 Virginia?
7. Where can we store or scatter ashes after cremation?
8. Learn more.
You may need to obtain copies of a death certificate for a number of reasons. You might want a copy for your records or, if you are in charge of wrapping up the deceased person’s affairs, you may require multiple, official 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 Virginia, a death certificate must be filed within three days of the death and before the body is buried, cremated, or shipped out of the state. (Virginia Code § 32.1-263.) 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 is a funeral home, mortuary, or crematory. If you are the executor of the estate, ask for at least ten certified copies.
If you need to order copies of a death certificate after the time of death has passed, visit the website of the Virginia Department of Health. From the VDH website, you can download a mail-in order form or find information about ordering death certificates in-person, online, or by phone.
You must provide a photocopy of an acceptable form of identification, such as a government-issued photo ID. Each certified copy of a Virginia death certificate costs $12.
In Virginia, death records more than 25 years old may be viewed by anyone. To obtain a certified copy of a death certificate for a death that occurred within the last 25 years, you must be able to show that you have a “direct and tangible interest” in the record, and that the record is necessary to prove or protect a personal or property right. You are assumed to have a direct and tangible interest if you are:
- the deceased person’s immediate family member or legal guardian, or
- the legal representative of the deceased person or of one 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 it is still a common procedure, embalming is rarely necessary; refrigeration serves the same purpose.
In Virginia, if burial or cremation will not take place within 48 hours of death, the body must be refrigerated or embalmed. A body may not be embalmed without permission from the next of kin or a court order. (Virginia Code § 54.1-2811.1.)
A casket is often the single greatest expense incurred after a death. The cost can range from $500 all the way to $20,000 or more for an elaborate model.
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 burial on private property may be possible in Virginia. Before conducting a home burial, check with the town or county clerk and local health department for the rules you must follow. If you 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 Virginia, there are no state laws controlling where you may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or container at home. If you wish to scatter ashes, you have many options. 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, it is wise to obtain permission from the landowner.
Scattering ashes on public land. You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as in a city park. 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.
For more information, including the contact information for the EPA representative in Virginia, see Burial of Human Remains at Sea on the EPA website.
Scattering ashes by air. There are no state laws on the matter, but federal aviation laws prohibit dropping any objects that might harm people or property. 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 Virginia, see Making Funeral Arrangements in Virginia.
To find out more about funerals and other final arrangements, see the Getting Your Affairs in Order section of Nolo.com.