Funeral and Burial Laws in Pennsylvania
Funeral and Burial Laws in Pennsylvania
Pennsylvania funeral and burial laws are governed by multiple statutes and regulatory bodies. The State Board of Funeral Directors regulates funeral homes and directors. The Department of Health oversees vital records and disposition permits. The Vital Statistics Law governs death registration. This guide covers every major area of funeral law with specific statutes and regulations.
Who Decides How the Body Is Handled
Pennsylvania has a clear statutory priority for who has legal authority over the disposition of remains (20 Pa.C.S. section 305, enacted as Act 45 of 2013):
| Priority | Person |
|---|---|
| 1 | Surviving spouse (sole authority unless disqualified) |
| 2 | Next of kin (in intestate succession order per 20 Pa.C.S. Chapter 21) |
| 3 | Court-appointed person (when disputes arise or no family available) |
Key rules:
- The surviving spouse has sole authority absent allegations of enduring estrangement, incompetence, contrary intent, or waiver (must be proven by clear and convincing evidence)
- When two or more persons with equal standing disagree, majority rules. If no majority, the court decides based on who had the closest relationship with the deceased
- A petition challenging disposition authority must be filed within 48 hours of death or discovery of the body
- Active-duty military members may execute a DD Form 93 designating disposition authority; if executed after a will, it takes precedence
Embalming Is Not Required
Pennsylvania does not require embalming. However, if the body is held more than 24 hours after death, one of three preservation methods is required (49 Pa. Code section 13.201(6)):
| Option | Requirement |
|---|---|
| Embalming | Standard embalming procedures |
| Sealed container | Airtight container preventing escape of fumes or odors |
| Refrigeration | Must maintain temperature of 35-40 degrees F |
Religious exemption: Embalming, sealing, or refrigeration is not required if it conflicts with the family's religious beliefs.
Refrigeration time limits:
- Remains must be buried, cremated, or entombed within 5 hours of removal from refrigeration
- A refrigerated body should not be publicly viewed if refrigerated longer than 36 hours
Consumer protection: Embalming without written permission from an authorized family member is classified as unprofessional conduct (49 Pa. Code section 13.202(11)). A funeral home cannot claim that embalming is required by law when it is not (16 C.F.R. section 453.5(b)).
Cremation Rules
24-Hour Waiting Period
Pennsylvania requires a minimum 24-hour waiting period from the time of death before cremation may occur (49 Pa. Code section 13.212). The body may be transported to the crematory before 24 hours, but cremation cannot begin until the waiting period has passed.
Authorization and Documentation
- Written authorization from the authorized family member must be obtained and maintained (49 Pa. Code section 13.201(7))
- A disposition/transit permit from the local or state registrar is required (35 P.S. section 450.501)
- The coroner must approve cremation for deaths under coroner jurisdiction (suspicious, violent, or unattended deaths)
- The funeral director must provide written explicit instructions to the crematory and obtain a signed receipt
Cremated Remains
Pennsylvania has no specific state statute restricting where cremated remains may be kept or scattered. Ashes may be:
- Stored in a crypt, niche, or grave
- Kept in a container at home
- Scattered on private property (with permission if not your own)
- Scattered at sea (at least 3 nautical miles from shore per EPA/Clean Water Act; notify EPA within 30 days)
Unclaimed remains: If cremated remains are not claimed within 30 days of cremation, the crematory or funeral home may dispose of them in any manner permitted by law, except scattering.
No Casket Required
No Pennsylvania law requires a casket for cremation. An alternative container (cardboard, fiberboard, or other rigid material) is sufficient. A funeral home cannot require you to purchase a casket for cremation (16 C.F.R. section 453.4(a)).
Burial Requirements
Disposition Permit
A disposition/transit permit is required before any burial, cremation, or transport of remains. The permit is issued by the local registrar or State Registrar of Vital Statistics after the death has been registered (35 P.S. section 450.501; 28 Pa. Code section 1.24).
Grave Depth
| Scenario | Minimum Depth |
|---|---|
| Casket in outer case (vault) | Top of outer case at least 1.5 feet (18 inches) below surface |
| Casket without vault, or body without casket | At least 2 feet (24 inches) below surface |
| Crypt | Exempt from depth requirements |
Source: 28 Pa. Code section 1.21
Vault Requirements
Pennsylvania has no statewide law requiring a burial vault. Individual cemeteries may require vaults as a private contractual condition of burial.
Green Burial
Green burial is legal in Pennsylvania. No state law requires embalming, vaults, or caskets for burial.
What green burial involves:
- No embalming or use of formaldehyde-free alternatives
- Biodegradable casket or shroud (no metal, no synthetic materials)
- No concrete vault or liner
- Burial depth of at least 2 feet (24 inches) without a vault (28 Pa. Code section 1.21)
Several cemeteries across Pennsylvania offer dedicated green burial sections or natural burial grounds.
Home Burial
Home burial on private property is not prohibited by Pennsylvania state law. However, significant local restrictions may apply.
| Factor | Requirement |
|---|---|
| Disposition permit | Required from local or state registrar |
| Local zoning | Must comply with county and municipal zoning laws |
| Health department | May require approval for groundwater protection |
| Philadelphia | City ordinances prohibit human burials except in established cemeteries |
| Waterway proximity | Burials prohibited on land draining into a stream supplying water to a city, unless burial ground is at least 1 mile from the city |
| Depth | 2 feet (24 inches) minimum without vault |
| Property records | Strongly recommended to file a map with property deed |
| Access | Property owner must grant reasonable ingress and egress to descendants for visitation (9 Pa.C.S. section 703) |
Always check local zoning before planning a home burial. Rules vary significantly across Pennsylvania's 67 counties and 2,500+ municipalities.
Alkaline Hydrolysis (Aquamation)
As of April 2026, alkaline hydrolysis (aquamation) is not authorized in Pennsylvania. No statute or regulation permits or regulates this method of disposition. Legislative proposals have been considered (e.g., HB 1172) but none have been enacted.
Body Donation
Humanity Gifts Registry
Pennsylvania's primary body donation program is the Humanity Gifts Registry (HGR), a non-profit agency of the Commonwealth:
| Detail | Information |
|---|---|
| Function | Receives and distributes donated bodies to all PA medical and dental schools |
| Cost to family | None -- free cremation after use |
| Return of remains | Cremated remains returned to family (typically 1-2 years) |
| Phone | 215-922-4440 |
Direct Donation Programs
- University of Pittsburgh -- Office for Oversight of Anatomic Specimens (ooas.pitt.edu)
- University of Pennsylvania -- Perelman School of Medicine Morgue (med.upenn.edu/morgue)
Transporting Remains
Within Pennsylvania
| Requirement | Detail |
|---|---|
| Equipment | Stretcher or container specifically designed for human remains |
| Position | Horizontal, face-up |
| Visibility | Covered and shielded from public view |
| Permit | Disposition/transit permit accompanies the remains |
Interstate Transport
A transit permit must be securely attached to the outside of the shipping container when transported by common carrier (28 Pa. Code section 1.24). Disinterred remains must be in a hermetically sealed container for transport by public conveyance (49 Pa. Code section 13.213).
Disinterment
Exhumation of buried remains requires:
- A permit from the local health authority or Department of Health
- Consent of the person with authority over disposition (per the 20 Pa.C.S. section 305 priority order)
- A court order may be required in criminal investigations or disputes
Source: 28 Pa. Code section 1.25
Cemetery Regulations
Cemeteries in Pennsylvania are regulated by the State Real Estate Commission under 9 Pa.C.S. sections 301-312.
Registration: Every cemetery company must have a valid registration certificate (biennial fee: $25) before disposing of lots or conducting cemetery business (9 Pa.C.S. section 304). Exemptions apply to church-owned, fraternal, and municipal cemeteries.
Perpetual care fund: Cemetery companies must maintain a perpetual care fund with a minimum initial deposit of $25,000 and contribute at least 15% of gross lot sales or $1 per square foot, whichever is greater (9 Pa.C.S. sections 301-306).
Access rights: Pennsylvania law provides a right of reasonable access to burial grounds for visitation (9 Pa.C.S. Chapter 7).
Violations: Officers of cemetery companies who violate Chapter 3 face misdemeanor charges, fines up to $1,000, and potential imprisonment up to one year (9 Pa.C.S. section 310).
What to Do Next
For the full sequence of tasks after a death, see the complete guide to what to do when someone dies in Pennsylvania. For cost information and consumer protections, see the Pennsylvania funeral cost guide.
Kaira organizes every step for your state -- deadlines, forms, and next actions -- so nothing gets missed. See how it works.
This guide was researched using Pennsylvania statutes and regulations current as of April 2026. Laws change, and local regulations vary significantly. For specific burial arrangements, check with your county and municipality. For legal questions, consult a Pennsylvania-licensed attorney.
Sources: 20 Pa.C.S. section 305 (Disposition of Remains); 49 Pa. Code Chapter 13 (State Board of Funeral Directors); 28 Pa. Code Chapter 1 (Vital Records); 35 P.S. section 450.101 et seq. (Vital Statistics Law); 9 Pa.C.S. sections 301-312 (Cemetery Regulation); pa.gov