New York Home Funeral Laws

New York 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 is an overview of the rules governing New York home funerals.

Do You Need a Funeral Director in New York?

By law, a licensed funeral director must oversee the final disposition of a body in New York. For example, local registrars will only issue a burial or removal permit to a "funeral director or undertaker." (See N.Y. Pub. Health Law § 4140 (2024).)

Who Has the Right to Make Funeral Arrangements?

Although a funeral director must carry out disposition arrangements, New York law determines who has the right to make final decisions about a person's body and funeral services. The responsibility to make your funeral decisions goes to the following people, in order:

• a person you appoint in a written document that meets the requirements of New York law
• your spouse or domestic partner
• any of your adult children
• either of your parents
• any of your adult siblings
• your court-appointed guardian
• any adult person who would be entitled to a share of your estate by law, with the closest relative having the highest priority
• an appointed representative of your estate
• a close friend or relative who is reasonably familiar with your wishes and who is willing and able to take on the job
• a county official, or
• any other person acting on your behalf.

(N.Y. Pub. Health Law § 4201 (2024).)

If members of the same class disagree about the disposition of your body, a court must resolve the dispute. To avoid such an outcome, it's wise to name a decision maker in advance. (N.Y. Pub. Health Law § 4201(8) (2024).)

Appointing Your Decision Maker

To name someone to carry out your final wishes, you need only write down what you want, then date and sign the document in front of two adult witnesses. Your witnesses and the person you select to carry out your witnesses also must sign the document. You may use the form provided in N.Y. Pub. Health Law § 4201(3) or you may create your own form.

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 can plan for how your funeral arrangements will be paid. 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?

New York has no embalming requirements, but bodies must be buried or cremated "within a reasonable time after death." (N.Y. Pub. Health Law § 4200 (2024).)

How Do You Get a Death Certificate?

The funeral director must file the death certificate with the local registrar within 72 hours of the death and prior to burial or cremation. (N.Y. Pub. Health Law §§ 4140, 4142 (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 York, the transport permit is called a "burial or removal permit." (N.Y. Pub. Health Law § 4140 (2024).)

Can You Bury Someone on Private Property in New York?

Burial on private property in New York might be possible. In New York, all burials must be supervised by a licensed funeral director, so make sure you find a funeral director who is willing to help with your burial plans. Before conducting a backyard burial, be sure to check with the county or town clerk for any zoning laws or other ordinances you must follow.

New York law permits any person to dedicate land for use as a family cemetery, as long as it doesn't exceed three acres in size and isn't located within "one hundred rods [1,650 feet] of a dwelling house." This land must be registered with the county clerk. (N.Y. Not-For-Profit Corp. Law § 1401 (2024).)

For more information about cemeteries in New York, see the New York State Division of Cemeteries website.

What Are New York's Cremation Laws?

You must arrange cremation through a funeral director, who will obtain the required permits. If the crematory doesn't have a licensed funeral director on its staff, you must arrange for a funeral director to be present to receive the body when it's delivered. (N.Y. Pub. Health Law § 4145 (2024).)

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

Getting Help With Home Funerals

If you want to find out more about home funerals, you can begin by visiting the National Home Funeral Alliance website.

For more information about final arrangements and documenting your final wishes in advance, see Nolo's section on Getting Your Affairs in Order.