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 Colorado.
Do You Need a Funeral Director?
In all states, it is legal to have your loved one’s body at home after they die. Colorado has no law requiring that a licensed funeral director be involved in making or carrying out final arrangements.
State law allows a “funeral director or person acting as such” to file the death certificate. (Colorado Revised Statutes § 25-2-110(3).) In addition, the law is clear that the funeral profession may not interfere with the rights of religious communities to “care for, prepare, and bury” the bodies of their own dead. (Colorado Revised Statutes § 12-54-108.)
Who’s In Charge of Body Disposition and Funeral Arrangements?
Colorado law determines who has the right to make final decisions about a person’s body and funeral services. This right goes first to a person appointed by the deceased before death, then to the personal representative of the deceased person’s estate, 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 Colorado.
Must the Body Be Embalmed?
Colorado law requires a body to be embalmed or refrigerated if final disposition does not occur within 24 hours. (Colorado Revised Statutes § 12-54-105.) Additionally, if the body will be transported out of state by common carrier it must be either embalmed or shipped in a hermetically sealed container. (Colorado Revised Statutes § 12-54-104.)
Refrigeration or dry ice can usually preserve a body for a short time. There are publications available to help you learn to prepare a body at home for burial or cremation. One such manual, called Undertaken With Love, is available as a free download from the Home Funeral Directory website.
If the person died of a contagious disease, you must consult a local or state health official before arranging for the disposition of the body.
Getting a Death Certificate
If you will not be using a funeral director, you must complete and file the death certificate yourself. Colorado law requires you to file the death certificate with the state registrar of births and deaths within five calendar days of the death and before you dispose of the remains. (Colorado Revised Statutes § 25-2-110(1)(a).)
The doctor who last attended the deceased person must complete the medical portion of the death certificate within 48 hours. (Colorado Revised Statutes § 25-2-110(4).) The medical certification contains such information as the date, time, and cause of death.
Colorado is instituting an electronic system for registering deaths. Once this system is in place, you will go to the local registrar or health department to initiate the death certificate process.
You will need certified copies of the death certificate to carry out other tasks after the death, such as getting a permit to transport the body to the place of burial or cremation. You may be able to file the death certificate and get certified copies on the same day. If not, you will have to make a return trip to pick up the copies. Be prepared to pay a small fee for each copy.
Getting a Permit to Transport the Body
You will need a disposition permit before transporting the body to have it buried or cremated. You can request the disposition permit from the county registrar or coroner. (Colorado Revised Statutes § 25-2-111.) You will need a copy of the death certificate to obtain the disposition permit. After you have the permit, you may transport the body yourself.
Can You Bury a Body at Home?
In Colorado, burials on private property must be recorded with the county clerk within thirty days. Be prepared to supply the following information:
- the dead person’s name as it appears on the death certificate
- the dead person’s date of birth
- the dead person’s age at the time of death
- the cause of death
- the name of the owners of the property where the body is buried
- the legal description of the property where the body is buried, if the burial occurred on private property
- the reception number for the death certificate if recorded by the county clerk, and
- the latitude and longitude coordinates of the burial site, verified by two witnesses or the county coroner, sheriff, or a representative of the county coroner or sheriff.
(Colorado Revised Statutes § 25-2-111.)
The county recorder or coroner should be able to supply you with a form you can use for this purpose.
What About Cremation?
Some crematories require that you use a funeral director to arrange cremation. If you don’t want to use a funeral director, make sure the crematory is willing to accept the body directly from the family. The disposition permit, discussed above, allows you to have the body cremated.
For more information about cremation, including information on scattering ashes, see the website of the Funeral Consumers Alliance.
Getting Help With Home Funerals
Even the most staunch home funeral advocates know that learning to care for one’s own dead can be difficult, especially during a time of grief. If you need help, there are people available to coach you through this process. You can find local guides, consultants, and other resources by visiting the Home Funeral Directory website. The book Final Rights, by Joshua Slocum and Lisa Carlson, also offers extensive information on the subject, including a state-by-state overview.
To read the sections of the Colorado Statutes mentioned above, begin at the website of the Colorado Secretary of State.
For more information about final arrangements and documenting your final wishes in advance, see Nolo’s section on Getting Your Affairs in Order.