Burial & Cremation Laws in Connecticut

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 Connecticut.

• How do I get a death certificate in Connecticut?
• Who can order a death certificate in Connecticut?
• Is embalming required in Connecticut?
• In Connecticut, is a casket necessary for burial or cremation?
• In Connecticut, do I have to buy a casket from the funeral home?
• Where can bodies be buried in Connecticut?
• Where can we store or scatter ashes after cremation in Connecticut?
• Learn more.

How do I get a death certificate in Connecticut?

In Connecticut, a death must be registered with the local or state vital records office within five business days -- or three calendar days if using an electronic registry. (Connecticut General Statutes § 7-62b.) The death certificate must be filed before the body is buried or cremated. (Connecticut General Statutes § 7-64.) Typically, the funeral home, mortuary, cremation organization, or other person in charge of the deceased person's remains will prepare and file the death certificate.

The physician who was in charge of the patient's care for the illness or condition that caused his or her death must complete the medical certification part of the death certificate within 24 hours of death. If the cause of death cannot be determined within 24 hours of death, the physician must give the funeral director notice of the reason for the delay and the body cannot be disposed of until the physician or coroner completes the medical certification. (Connecticut General Statutes § 7-62b.)

You may need to obtain copies of a death certificate for a number of reasons. You might simply 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 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.

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. If you are the executor of the estate, you should ask for at least ten certified copies.

If you need to order copies of a death certificate after the time of death has passed, contact the vital records office in the town where the death occurred or visit the website of the Connecticut Department of Public Health. From the CDPH website, you can download a mail-in order form or order death certificates online. A certified copy of a Connecticut death certificate costs $20.

Who can order a death certificate in Connecticut?

Any person over the age of 18 may obtain a certified copy of a death certificate in Connecticut. However, only the following people or agencies may order a certified copy that includes the deceased person's Social Security number:

• a funeral director
• the surviving spouse
• the next of kin, or
• a federal or state agencies authorized by federal law.

For details, visit the CDPH website or read Connecticut General Statutes § 7-51a.

Is embalming required in Connecticut?

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 Connecticut, a body must be embalmed only if the person died of a contagious disease. (Connecticut General Statutes § 7-62b.)

In Connecticut, is a casket necessary for burial or cremation?

A casket is often the single greatest expense incurred after a death. The cost of a casket can range from a simple $500 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.

In Connecticut, do I have to buy a casket from the funeral home?

No. Federal law requires funeral homes to accept caskets that consumers have purchased from other sources, such as an online retailer. You may also build your own casket, if you prefer.

Where can bodies be buried in Connecticut?

Most bodies are buried in established cemeteries, but it may be possible to bury a body on private land if local zoning laws allow it and the burial is supervised by a licensed funeral director. The funeral director must obtain a burial permit from the town where the body will be buried, and the permit must state the location of the grave. (Connecticut General Statutes § 7-65.)

Where can we store or scatter ashes after cremation in Connecticut?

In Connecticut, no state law restricts where you may keep or scatter ashes. When a body is cremated, the cremation permit must state the intended destination of the cremated remains. (Connecticut General Statutes § 19a-323.) Practically speaking, however, no one follows up to be sure the ashes remain in the location named on the permit.

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's wise to get 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. If the container will not easily decompose, you must dispose of it separately. 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 Connecticut, see Burial of Human Remains at Sea on the EPA website.

Scattering ashes by air. While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to 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.

Learn more.

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 Connecticut, see Making Funeral Arrangements in Connecticut.

To find out more about funerals and other final arrangements, see the Getting Your Affairs in Order section of Nolo.com.

Get It Together, by Melanie Cullen (Nolo) helps you gather and organize the essential details of your life for yourself and your family.