Local Laws
Local Laws & Resources
The Local Laws & Resources section explains the rules, rights, and agencies that shape what happens after death—at both the federal and state levels. It clarifies how funeral homes are regulated under the Federal Trade Commission’s Funeral Rule, outlines key state laws on burial, cremation, and home funerals, and introduces the concept of corpse law, which defines who controls and cares for the body. Here you’ll find links to trusted legal resources, national directories, and state-specific guides to help you navigate your options confidently and in compliance with the law.
Federal Regulations
The Federal Trade Commission (FTC) enforces The Funeral Rule, which regulates funeral homes—not cemeteries or crematories. The rule ensures transparency in pricing, requires funeral providers to give itemized price lists, and protects consumers from deceptive practices. The FTC also offers guidance on choosing a provider, comparing costs, and filing complaints. Cemeteries and crematories, by contrast, are mostly governed by state laws and only indirectly affected by FTC oversight.
State & Local Resources
State Rules Differ — Know Your Rights
Only a few states require the involvement of a licensed funeral director. These include Florida, Louisiana, Michigan, Nebraska, New Jersey, and New York.
In most other states, regulations—if any—mainly address embalming or the handling of bodies with communicable diseases.
More state-specific resources are coming, so for now these resources will put you on the right path:
- NOLO – Home Funeral Laws
- NOLO – Burial and Cremation Laws
- NOLO – Avoiding Probate Laws
- State laws not listed on NOLO’s site (coming soon!)
- State agencies overseeing the death-care industry (coming soon!)
- Green Burial Council’s interactive map of providers
- National End-of-Life Doula Alliance Directories
- National Home Funeral Alliance Directory
- State-specific forms (death certificates, burial permits, etc.)(coming soon!)
- Organ and tissue donation laws (coming soon!)
Corpse Law
Corpse law governs the legal rights and responsibilities over a body after death—who controls it, how it’s handled, and what forms of burial, cremation, or donation are allowed. Most rules are set by state law, balancing public health, family rights, and the deceased’s wishes.