Corpse Law
What About the Body?
After someone dies, the body is governed by a mix of state laws and local regulations—a specialized area known as corpse law. These rules define who has custody of the body, how it must be handled, transported, stored, or buried, and what paperwork is required. While laws vary by state, this section answers the most common questions about legal responsibilities and practical limits.
Can You Transport a Dead Person in Your Own Car?
Usually, yes, as long as the transport is handled respectfully, safely, and according to local law.
Some states require a permit or that the body be enclosed in a secured, leak-proof container.
Exceptions may apply if the person died from a communicable disease or across state lines, where additional paperwork or professional transport may be required.
Who “Owns” the Deceased?
No one “owns” a body in the traditional sense, but someone does hold the right and duty of disposition—the legal authority to decide what happens to the remains.
This right typically follows a legal order:
- A designated agent (named in an advance directive or legal form)
- Spouse or domestic partner
- Adult children
- Parents
- Siblings
- Other next of kin
If no one claims the remains, they become unclaimed, and the county or state assumes responsibility.
How Long Before Something Must Be Done with the Remains?
Laws differ by state, but generally, remains must be refrigerated or embalmed within 24 hours of death if not yet buried or cremated.
Home funerals are legal in most states, but refrigeration, cooling, or dry ice must be used to preserve the body.
Always check your state’s specific time limits and handling requirements.
What if Someone Dies Outside the Country?
If a U.S. citizen dies abroad, contact the nearest U.S. embassy or consulate right away. They will help:
- Locate the remains
- Notify next of kin
- Assist with local death registration
- Provide instructions for repatriation (returning remains to the U.S.)
Families may also work with a funeral director experienced in international transport to arrange paperwork and airline coordination.
The Death Certificate
A death certificate is required for every death in the United States and is filed by the funeral home, coroner, or family.
You will need certified copies to handle legal and financial matters such as closing accounts, transferring property, or filing insurance claims.
In most cases, certified copies can be obtained through your county vital records office or state department of health.