Tennessee Home Funeral Laws

If you're interested in holding a home funeral for a loved one in Tennessee, you'll need to know the laws that govern home funerals in Tennessee.

Do You Need a Funeral Director in Tennessee?

In all states, it's legal to have your loved one's body at home after they die. Tennessee doesn't require you to involve a licensed funeral director in making or carrying out final arrangements. (See, for example, Tenn. Code § 62-5-102 (2024), which states that the statutes concerning funeral directors and embalmers aren't meant to prevent or interfere with "families, friends or neighbors of deceased persons who prepare and bury their dead without charge.")

Who Has the Right to Make Funeral Arrangements?

Tennessee 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:

• you, if you create disposition directions in writing or have a "pre-need" funeral contract
• an agent you name in durable power of attorney for health care
• your spouse
• a majority of your children
• your parents
• a majority of your siblings
• a majority of your grandchildren
• a majority of your grandparents
• your legal guardian
• the personal representative of your estate
• your next of kin
• a public officer, or
• any person willing to assume the responsibilities.

(Tenn. Code § 62-5-703 (2024).)

Naming an Agent

If you make an advance health care directive or durable power of attorney for health care, you can give this authority to the person you name as your health care agent, sometimes called your "attorney-in-fact." (Tenn. Code § 34-6-204 (2024).)

Your durable power of attorney for health care must be:

• in writing
• signed and dated by you, and
• notarized or signed by two adults who witnessed you sign the document.

The witnesses can't be the agent you appoint. One of the witnesses can't be related to you by blood, marriage, or adoption and can't be entitled to inherit from you. (Tenn. Code § 34-6-203 (2024).)

For more information about naming an agent in an advance directive or health care power of attorney, see Living Wills & Medical Powers of Attorney.

To make a Tennessee advance directive or health care power of attorney that appoints your health care agent to carry out your final plans, you can use Nolo's Quicken WillMaker.

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 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?

Tennessee has no embalming requirements, nor does state law specify a time frame within which you must dispose of the remains.

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 should consult a doctor.

How Do You Get a Death Certificate?

If you won't be using a funeral director to carry out final arrangements, you should speak with the physician who cared for the deceased person or the medical examiner about completing the death certificate. Tennessee law requires the funeral director, attending physician, physician assistant, or medical examiner to file the death certificate with the Office of Vital Records within five days after the death and before final disposition. (Tenn. Code § 68-3-502 (2024).)

The deceased person's doctor or physician assistant or the medical examiner must supply the date, time, and cause of death within 48 hours of the death. (Tenn. Code § 68-3-502 (2024).)

You will need certified copies of the death certificate to carry out certain tasks after the death, such as arranging for the disposition of the body and transferring the deceased person's property to inheritors. You might 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.

How Do You Get a Permit to Transport the Body?

The deceased person's doctor or the medical examiner must grant permission to move the body to prepare it for final disposition. (Tenn. Code § 68-3-507 (2024).)

For example, if someone dies outside the home, you would need this authorization before bringing the body home for care. Or, if someone dies at home, permission is necessary to move the body to a location away from home for burial or cremation.

Can You Bury Someone on Private Property in Tennessee?

There are no state laws in Tennessee prohibiting home burial, but local governments might have rules governing private burials. Before burying a body in your backyard or establishing a family cemetery, you should check with the county or town clerk for any zoning laws you must follow. You can most likely hold a home burial if you live in a rural area.

Tennessee state law protects family burial grounds from disturbance or development, as long as the deed to the property indicates the presence of gravesites. (Tenn. Code § 46-8-103 (2024).)

What Are Tennessee's Cremation Laws?

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. In Tennessee, you must obtain a cremation permit. (Tenn. Code § 62-5-504 (2024).)

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

Getting Help With Home Funerals

Even the staunchest home funeral advocates know that learning to care for one's dead can be difficult, especially during a time of grief. If you need help, there are people available to coach you through the process. You can find local guides, consultants, and other resources 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.