Maryland Burial Transit Permit: What It Is, Who Needs One, and How It Works

Before anyone in Maryland can legally transport human remains — whether a funeral home, a family member, or a transport service — a burial transit permit must be in place. This document is often misunderstood, partly because the process for obtaining it has moved entirely online, and partly because many families don't know they are allowed to transport their own loved one's remains without hiring a commercial carrier.

Here is how the burial transit permit system works in Maryland, who is responsible for it, and what must happen after the remains are transported.

What a Burial Transit Permit Is

A burial transit permit is a legal authorization to move human remains from one location to another within or through Maryland. It is distinct from the death certificate, though it cannot be issued until the death certificate has been initiated in Maryland's Electronic Death Registration System (EDRS).

The permit serves two functions: it authorizes transport, and it creates a paper trail that allows the state to verify that every death is properly documented and that remains are disposed of through a legal method in a legal location.

How the Permit Is Issued in Maryland

Maryland uses the EDRS — an electronic system — for all death registration and burial permit issuance. The process works as follows:

1. The death certificate is filed in EDRS. The certifying physician (or medical examiner, in cases of unattended death or suspected foul play) must sign the death certificate within 24 hours of death. The death certificate must be fully completed and filed within 72 hours.

2. The burial transit permit is generated electronically through EDRS once the death certificate is filed and approved. There is no separate application process — the permit flows from the death certificate.

3. The permit accompanies the remains during transport. It must be available for inspection if requested by law enforcement or receiving facilities.

4. After disposition, the permit is filed with the Maryland Department of Health within 10 days. The funeral home, or the individual who handled disposition, is responsible for this filing.

Who Can Transport a Body in Maryland

One of the less-publicized aspects of Maryland law is that families have the legal right to transport their own deceased without hiring a commercial funeral home or transport service.

Family transport: A family member can transport the remains of their loved one in a personal vehicle, as long as a valid burial transit permit is in place. The permit must accompany the remains.

Commercial transport: Funeral homes and commercial funeral transport services are also authorized to move remains. Commercial transport providers must hold a valid permit from the Maryland Board of Morticians and Funeral Directors.

Transfer between states: If remains are being transported to or from another state, the burial transit permit covers Maryland's portion of the transport. The receiving state may have its own requirements. Most states do not require embalming for transport if the remains are properly enclosed, but check the destination state's rules before assuming.

For families conducting a home funeral, the burial transit permit is an essential piece of documentation. See our post on Maryland home funeral laws for the full picture of what home funeral families need to manage.

Who Files the Permit After Disposition

The 10-day filing requirement after disposition is the funeral home's responsibility when a funeral home is handling the arrangements. For home funeral families who are managing their own arrangements, this responsibility falls on the family.

Filing is done through EDRS or by submitting the completed permit to the local health department. The permit should note the date, method, and location of disposition.

Transit Permits for Cremation

For cremation cases, the burial transit permit process works the same way, with one additional layer: the Medical Examiner must authorize every cremation in Maryland before it can proceed. This authorization is separate from the burial transit permit.

The Medical Examiner's authorization for cremation typically happens within a day or two of the death certificate being filed, and the $63–$100 ME fee is charged for this review. Only after that authorization is received can the crematory proceed with cremation.

The 12-hour waiting period for cremation (measured from time of death, not from permit issuance) runs concurrently with the paperwork process in most cases.

For a full breakdown of the cremation paperwork timeline, see our post on Maryland cremation waiting period.

Burial Transit Permits for Transport to Another State

If a Maryland family wants to transport remains to another state for burial or cremation — for example, if the deceased had pre-arranged burial in another state — the Maryland burial transit permit covers the transport out of Maryland. The receiving state's requirements govern what happens once remains cross the state line.

Some states require:

• A burial transit permit from the receiving state
• Specific container or enclosure requirements
• Embalming for air transport (though this is airline policy, not typically state law)

When a funeral home handles an out-of-state transfer, they manage these logistics. When a family handles it independently, they are responsible for researching and complying with both the origin and destination state's requirements.

Common Mistakes to Avoid

Transporting remains before the permit is issued: Regardless of how quickly a family wants to move, transport cannot legally begin until the burial transit permit is generated — and that cannot happen until the death certificate is filed. Rushing this process to the point of transporting remains without a permit creates legal exposure.

Failing to file the permit after disposition: The 10-day post-disposition filing is not optional. Families handling their own arrangements who are unfamiliar with the EDRS process should ask their local health department for assistance.

Assuming embalming is required for transport: It is not, in Maryland or most neighboring states. See our post on whether embalming is required in Maryland for details.

For a step-by-step overview of all the paperwork involved in Maryland funeral arrangements — from the death certificate through the burial transit permit to the disposition filing — the Maryland Funeral Laws & Consumer Rights Guide provides a complete chronological checklist.

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