Colorado Home Funeral Laws

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 Colorado?

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. 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. (Colo. Rev. Stat. §§ 12-135-109; 25-2-110 (2024).)

Who Has the Right to Make Funeral Arrangements in Colorado?

Colorado law determines who has the right to make final decisions about a person's body and funeral services. This right and responsibility goes to the following people, in order:

• a person you name in a "declaration instrument" made before your death
• the personal representative or special administrator of your estate, if one has been appointed
• your surviving spouse, unless you are legally separated
• a person you have given this right to by a designated beneficiary agreement
• your adult child, or a majority of your children if you have more than one
• your parents
• your siblings, or
• any person who is willing to take on legal and financial responsibility for your burial or cremation.

(Colo. Rev. Stat. § 15-19-106 (2024).)

Making a declaration form. To make a valid declaration appointing someone to carry out your final wishes, you need only write down what you want, then sign and date your document. You must have the document witnessed by at least one adult or notarized. (Colo. Rev. Stat. § 15-19-104 (2024).)

Making a medical durable power of attorney. One smart way to name your representative is to make a medical durable power of attorney. In your document, you can give your health care agent explicit power to carry out your final arrangements. (You must make this authority clear in your power of attorney document; otherwise your agent's decision-making power ends upon your death.) This saves the trouble of making separate documents for health care decisions and final wishes.

For information about making a declaration and medical power of attorney, see Living Wills & Medical Powers of Attorney.

Note that, if you are in the military, you may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.

Who pays for your funeral arrangements? You can either pay for your plans before you die, or you can set aside money for your survivors to use for this purpose. If you don't do either of these things, and there's not enough money in your estate to pay for funeral goods and services, your survivors must cover the costs.

Must the Body Be Embalmed?

Colorado law requires a body to be embalmed or refrigerated if final disposition does not occur within 24 hours. 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. (Colo. Rev. Stat. §§ 12-135-105; 12-135-106 (2024).)

Refrigeration or dry ice can usually preserve a body for a short time. There are resources available to help you learn to prepare a body at home for burial or cremation. The website of the National Home Funeral Alliance is a good place to start.

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. If a serious contagious disease caused the death, the state department of public health may issue an order directing the method for storing and disposing of the body. (Colo. Rev. Stat. § 12-135-109 (2024).)

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 72 hours of taking custody of body and before you dispose of the remains. (Colo. Rev. Stat. § 25-2-110 (2024).)

The doctor who last attended the deceased person must complete the medical portion of the death certificate within 72 hours. The medical certification contains such information as the date, time, and cause of death. (Colo. Rev. Stat. § 25-2-110 (2024).)

Colorado uses an electronic system for registering deaths. 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. 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. (Colo. Rev. Stat. § 25-2-111 (2024).)

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.

(Colo. Rev. Stat. § 25-2-111 (2024).)

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 Burial & Cremation Laws in Colorado.

Getting Help With Home Funerals

Even the staunchest 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 website of the National Home Funeral Alliance. 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.