New Jersey Home Funeral Laws

New Jersey is one of only a handful of states that restrict home funerals by requiring the involvement of a licensed funeral director in many aspects of final arrangements. Here's an overview of the rules that govern home funerals in New Jersey.

Do You Need to Use a Funeral Director in New Jersey?

By law, a licensed funeral director must oversee the final disposition of a body in New Jersey. State law requires a death certificate for burial or cremation and requires a funeral director to file the death certificate. (N.J. Stat. §§ 26:6-5.1; 26:6-6 (2024).)

Who Makes Decisions About Body Disposition and Funeral Arrangements?

Although a funeral director must carry out disposition arrangements, New Jersey 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 funeral representative you appoint in your will or on a form provided by the New Jersey Cemetery Board
• your surviving spouse, civil union partner, or domestic partner
• a majority of your adult children
• your parents
• a majority of your siblings
• your next of kin, or
• any other person acting on your behalf.

(N.J. Stat. § 45:27-22 (2024).)

Appointing a Funeral Representative

You can name any adult to oversee your final arrangements; the person doesn't have to be the executor of your will. If you use your will for this purpose, it's critical that you give a copy of your will to the person you name—or tell them how to easily find it after your death. Don't lock your will away in a safe deposit box or otherwise restrict your representative's access to it. If you do, your wishes might not be located until it's too late to carry them out.

Instead of using a will, you can use a form provided by the New Jersey Cemetery Board to name a funeral representative. You must sign the form in the presence of two witnesses. If you sign multiple forms or use a form and a will, the person appointed in the "most recently dated and properly executed" will or form will be your funeral representative. (N.J. Stat. § 45:27-22 (2024).)

Note that, if you're 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 have a few options to pay funeral costs. 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 in New Jersey?

Embalming is almost never required in New Jersey. But, if a body isn't buried or cremated within 48 hours of death, it must be embalmed or refrigerated. A body must be embalmed only if it will be transported by common carrier (such as a train or an airplane) and won't reach its destination within 24 hours. (N.J. Admin. Code §§ 8:9-1.1; 8:9-1.7 (2024).)

How Do You Get a Death Certificate in New Jersey?

The deceased person's physician or the medical examiner will initiate the death certification process within 24 hours. The funeral director in charge of final disposition will supply the "burial particulars" and file the death certificate using the state's electronic death registration system. (N.J. Stat. § 26:6-8 (2024).)

You will need certified copies of the death certificate to carry out certain tasks after the death, such as transferring the deceased person's property to inheritors. The funeral director who files the death certificate should be able to order copies for you.

How Do You Get a Permit to Transport the Body?

After filing the death certificate, the funeral director will obtain the necessary permits for transporting the body, and for burial or cremation. In New Jersey, the transport permit is called a "burial or removal permit." (N.J. Stat. §§ 26:6-5.1; 26:6-6 (2024).)

Can You Bury a Body at Home in New Jersey?

Burial on private property in New Jersey might be possible. Before burying a body on private land or establishing a family cemetery, be sure to check with the county or town clerk for any zoning laws or other ordinances you must follow.

What About Cremation in New Jersey?

You must arrange cremation through a funeral director, who will obtain the required permits. In New Jersey, there's a required waiting period of 24 hours before cremation may occur. (N.J. Stat. § 26:7-18.1 (2024).)

For more information about cremation, including information on scattering ashes, see Burial and Cremation Laws in New Jersey.

Learning More About Home Funerals

For information about home funerals, you might want to start with the National Home Funeral Alliance website. 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.