Virginia 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 Virginia.

Do You Need a Funeral Director in Virginia?

In all states, it is legal to have your loved one's body at home after they die. Virginia doesn't require you to involve a licensed funeral director in making or carrying out final arrangements. (See, for example, Va. Code § 32.1-263 (2024), which permits a "licensed funeral director, funeral service licensee, office of the state anatomical program, or next of kin" to file the death certificate.)

Who Has the Right to Make Funeral Arrangements in Virginia?

Virginia law determines who has the right to make final decisions about a person's body and funeral services. This right and responsibility goes either to a person you name in a signed, notarized document or your next of kin. (Va. Code §§ 54.1-2825; 54.1-2807(B) (2024).)

"Next of kin" includes the following people:

• your legal spouse
• your adult children
• your parent
• your adult siblings
• the guardian of a minor child
• the guarding of minor siblings
• your grandparent, or
• any other relative in the descending order of blood relationship.

(Va. Code § 54.1-2800 (2024).)

If you don't have any of these relatives, a designation in your signed and notarized document, or a personal guardian, any other person aged 18 or older who can provide positive identification of you and is willing to pay for the costs of your final arrangements can be given this power. (Va. Code § 54.1-2807.02 (2024).)

If your next of kin disagree about your final arrangements, they must go to court to resolve their dispute. To avoid such an outcome, it's wise to name your representative in advance. (Va. Code § 54.1-2807.01 (2024).)

How to appoint a representative. To name someone to carry out your funeral arrangements, you must write down what you want, then sign your document in front of a notary public. Before acting under the document, the representative you name must sign it, too. (Va. Code § 54.1-2825 (2024).)

If you plan to use a funeral director and cemetery, they must receive a copy of the signed and notarized appointment of a representative no later than 48 hours after the funeral director has received the remains. (Va. Code § 54.1-2825 (2024).)

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 in Virginia?

Embalming is almost never required. Virginia law requires a body to be embalmed or refrigerated only if final disposition won't occur within 48 hours. A body may not be embalmed without the express permission of the next of kin or a court order. (Va. Code § 54.1-2811.1 (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 should consult a doctor.

Getting a Death Certificate

If you won't be using a funeral director to carry out final arrangements, you must complete and file the death certificate yourself. Virginia law requires you to file the death certificate with the registrar of vital records within three days after the death and before final disposition or removal of the body from the state. Paper filings must be made with any local registrar. Electronic filings must be made with the state registrar through the Electronic Death Registration System. (Va. Code § 32.1-263 (2024).)

The deceased person's doctor or nurse practitioner—or the medical examiner when the death is under criminal investigation—must supply the date, time, and cause of death and present the death certificate to you or your funeral director within 24 hours of the death so you can complete the certificate and file it on time. (Va. Code § 32.1-263 (2024).)

The medical certifier will electronically complete the medical portion of the death certificate using the Electronic Death Registration System. If you aren't using a funeral director to file the certificate electronically, the medical certifier should be able to print it for you. You will need to fill in the section for personal information and file the death certificate.

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 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

Unlike many other states, you don't need a special permit to move a body in Virginia, as long as final disposition will occur within the state. However, if you plan to remove the body from the state for final disposition, you must obtain an "out-of-state transit permit" from the local registrar after filing the death certificate. (Va. Code § 32.1-265 (2024).)

Is Home Burial Legal in Virginia?

There are no state laws in Virginia prohibiting home burial, but local governments might have rules governing private burials. Before burying a body on private property 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.

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. In Virginia, you must obtain a permit from the medical examiner before cremation may occur. (Va. Code § 32.1-309.3 (2024).)

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

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 the process. You can find local guides, consultants, and other resources by visiting 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.