West 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 West Virginia.

Do You Need a Funeral Director in West Virginia?

In all states, it is legal to have your loved one's body at home after they die. West Virginia does not require you to involve a licensed funeral director in making or carrying out final arrangements. (See, for example, West Virginia Code § 16-5-19, which permits a "licensed funeral director or other person who assumes custody of the dead body" to file the death certificate.)

Who Has the Right to Make Funeral Arrangements in West Virginia?

West Virginia 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:

• you, if you have expressed your wishes in a will, advance directive, medical power of attorney, or preneed funeral contract
• your health care representative under a legally valid medical power of attorney, if you specifically grant to your representative the power to make funeral arrangements
• your spouse, unless a petition for divorce was pending at the time of your death
• someone you name in a signed, notarized document
• your next of kin
• a person who obtains a court order
• a public official, or
• if you donated your body to science, a representative of the recipient institution.

(See West Virginia Code § § 16-30-4 and 30-6-3 (2017).)

Appointing a representative in a medical power of attorney. West Virginia makes it simple for you to name someone to oversee your final arrangements. You can use a medical power of attorney for this purpose, appointing your health care representative to make funeral decisions for you or to carry out any instructions you leave. This saves the trouble of making separate documents for health care decisions and final wishes.

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

To make a West Virginia medical power of attorney that appoints your health care representative to carry out your final plans, you can use Nolo's Quicken WillMaker.

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?

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

If the person died of a contagious disease, you should consult a doctor.

Getting a Death Certificate

If you will not be using a funeral director to carry out final arrangements, you must complete and file the death certificate yourself. West Virginia law requires you to file the death certificate with the state office of vital statistics within five days after the death and before final disposition. (West Virginia Code § 16-5-19 (2017).)

The deceased person's doctor or the medical examiner must supply the date, time, and cause of death and present the death certificate to you within 24 hours after receiving it so you can complete it and file it on time. (West Virginia Code § 16-5-19 (2017).)

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 may 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

You must obtain an Authorization for Disposition form from the deceased person's doctor or the medical examiner before moving the body to prepare it for final disposition. (West Virginia Code § 16-5-23 (2017).) 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.

You must file the Authorization for Disposition with the state registrar within ten days after final disposition. (West Virginia Code § 16-5-23 (2017).)

Is Home Burial Legal in West Virginia?

There are no state laws in West Virginia prohibiting home burial, but local governments may 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 West Virginia, you must obtain a permit from the medical examiner or county coroner before cremation may occur. (West Virginia Code § 16-5-23 (2017).)

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

Getting Help With Home Funerals

Even the most staunch 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.