States That Require a Funeral Director: Where You Can and Can't Direct Your Own Funeral
The Short Answer: Nine States Have Restrictions
In 41 states, families can legally handle every aspect of a funeral themselves — body care, transport, filing the death certificate, and final disposition. No funeral director is required at any point.
Nine states require a licensed funeral director for specific tasks. But even in these states, the restrictions are narrower than most people assume. Families can still care for the body at home, hold a vigil, and direct the overall process — they just need a funeral director to handle certain legal filings or to be present at certain moments.
State-by-State Requirements
| State | What the Funeral Director Must Do |
|---|---|
| Connecticut | Take custody of and remove the remains, file the death certificate, obtain the burial-transit permit |
| Illinois | File the death certificate, manage removal and transport, supervise burial or cremation |
| Indiana | Remove and transport the body and manage the disposition permit; the professional files the death certificate |
| Iowa | Make arrangements with crematories and perform embalming if the deceased had a communicable disease |
| Louisiana | Manage the death certificate, transport the remains, and oversee the final burial or cremation |
| Michigan | File the death certificate, transport the body, and supervise the final interment or cremation |
| Nebraska | File the death certificate and transport the body; supervise private home burial, or have a designee do so |
| New Jersey | File the death certificate, transport the remains, and supervise the final interment or cremation |
| New York | Receive remains from any facility, file the death certificate, obtain transit permits, and supervise all funeral and final disposition services |
What You Can Still Do in Restrictive States
Even in the nine states listed above, families retain significant rights:
- Body care at home — washing, dressing, and preparing the body is not regulated. No state requires a funeral director for physical body care.
- Home vigil — keeping the body at home for one to three days is legal everywhere with proper cooling.
- Choosing disposition — the family decides burial vs. cremation vs. donation, not the funeral director.
- Container selection — under the FTC Funeral Rule, you can provide your own casket, shroud, or cremation container anywhere. A funeral director cannot refuse to use it or charge a handling fee.
The funeral director's required role in these states is essentially administrative — signing paperwork, obtaining permits, or being physically present at the crematory or cemetery. Think of it as hiring a notary, not surrendering control.
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How to Hire a Funeral Director for Filing Only
In restrictive states, many funeral directors offer "filing-only" or "minimal services" packages. You're hiring them specifically to sign the death certificate, file it with the registrar, and obtain the burial-transit permit. Ask for the fee upfront, because it varies by state and provider.
Ask for this service explicitly. Some directors will try to bundle in transport, embalming, or facility use. Under the FTC Funeral Rule, they must provide an itemized price list and cannot require you to purchase services you don't want.
When calling, say something like: "We're directing a home funeral ourselves and need a licensed funeral director only for the death certificate filing and burial-transit permit. Can you provide that service on its own, and what is the cost?"
Cremation-Specific Rules
Iowa specifically requires a funeral director to arrange and secure permits for cremation, even when the rest of the process is family-directed. If you're planning a home vigil followed by cremation in Iowa, contact the crematory and a filing-service funeral director in advance.
In states not listed above, you can often arrange direct cremation with a crematory yourself, but confirm any state-specific cemetery or crematory requirements first. Many crematories work directly with families — no funeral home middleman required. Call the crematory, ask if they accept family-directed remains, and confirm their fee and container requirements.
What About Canada, UK, and Australia?
Canada varies by province. Ontario allows full family-directed care including transport and filing, provided no fee is charged. Quebec requires embalming if the body is kept for viewing longer than 18 hours. Most provinces fall somewhere between these two poles.
England and Wales may allow family-directed arrangements, but transport out of England or Wales requires an "Out of England" order from the coroner's office. Scotland and Northern Ireland have their own rules.
Australia varies by state and territory, so confirm the permit and transport requirements with the relevant authority.
For complete state-by-state legal details, body care protocols, and vigil planning instructions, see the Home Funeral / Family-Directed Guide.
Get Your Free Home Funeral / Family-Directed Guide — Quick Reference
Download the Home Funeral / Family-Directed Guide — Quick Reference — a printable guide with checklists, scripts, and action plans you can start using today.