Why is a Burial Transit Permit Necessary?

A burial transit permit (also known as a removal permit or disposition permit) is a legal document required by state law that authorizes the transportation and final disposition of a deceased person’s remains. This permit must be obtained before a body can be moved from the place of death to a funeral home, crematory, cemetery, or any other location for final disposition.

Public health and legality are the main factors requiring a burial transit permit. This permit ensures the safe and respectful handling of the body, minimizing potential public health risks. The permit provides a legal record of the deceased, which helps prevent possible funeral home negligence or misuse of the deceased’s identity. It also contributes to tracking death statistics, aiding more extensive epidemiological studies.

Who Issues the Permit?

Every state requires this permit to ensure proper handling of human remains, maintain accurate death records, and protect public health. Whether planning a traditional burial, cremation, or another form of disposition, families cannot proceed without a permit.

The appropriate government authority, usually the health department, issues a burial transit permit. This permit is a critical component of the death care process, ensuring the observation of various legal and health-related protocols.

How Do We Obtain the Required Documentation?

The attending physician or medical examiner typically initiates acquiring a burial transit permit by completing a death certificate. After certifying the cause of death and signing the document, they submit the certified death certificate to the local health department or other governing bodies. These bodies then issue the burial transit permit.

It’s worth noting that, in many instances, the funeral director or the institution responsible for the deceased’s remains handles this process. Therefore, while family members need to be aware of this requirement, they usually don’t need to obtain one directly.

The Burial Transit Permit Process: What to Expect

Understanding the timeline and steps involved in obtaining a burial transit permit can help families plan accordingly during an already challenging time.

Step 1: Death Certificate Completion (24-72 hours)

The process begins when the attending physician or medical examiner completes the death certificate. This document records essential information, including the deceased’s identity, date and time of death, and the certified cause of death. The physician must examine the body and sign the certificate before any permits can be issued.

Step 2: Permit Application (Same day as death certificate)

Once the death certificate is completed, the funeral director or authorized person submits it to the local health department or registrar along with the burial transit permit application. This application includes:

• The deceased’s full legal name
• Date, time, and place of death
• Intended method of disposition (burial, cremation, etc.)
• Final destination (cemetery name and location, or crematory)
• Funeral director or responsible party information
• Transportation details

Step 3: Review and Issuance (1-3 business days)

The health department or local registrar reviews the application to ensure all information is complete and accurate. If everything is in order, they issue the burial transit permit. In urgent situations, such as religious requirements for quick burial, expedited processing may be available.

Step 4: Transportation and Final Disposition

The burial transit permit must accompany the remains during any transportation. The cemetery, crematory, or other facility receiving the remains will require the permit before proceeding with final disposition. They retain the permit as part of their permanent records.

Timeline Summary:

Most families can expect the entire process to take between 3-7 days from the time of death. However, this can vary based on local processing times, whether the death requires medical examiner involvement, and if any complications arise with the documentation.

State-Specific Requirements: What You Need to Know

While all states require burial transit permits, the specific requirements and procedures vary by jurisdiction. Understanding your state’s particular rules helps ensure compliance and prevents delays.

Who Issues the Permits

Different states assign permit issuance authority to different officials:

• Local health departments and registrars (most common)
• County clerks or vital statistics offices
• Designated subregistrars when the main offices are closed
• In some states, licensed funeral directors may issue specific permits directly

Who Can Obtain Permits

States differ on who may legally obtain a burial transit permit:

• Some states restrict permits to licensed funeral directors only
• Others allow authorized family members to obtain permits for home burials or when not using funeral services
• Several states require special registration or licensing for anyone transporting human remains
• Maryland, for example, requires transporters to complete education requirements and register with state agencies

Combined vs. Separate Permits

The documentation structure varies:

• Some states use a single combined permit covering both transportation and burial
• Others issue separate documents: one for transportation and another for final disposition
• The death certificate may be a standalone document or integrated with the permit system

Special Requirements for Cremation

Cremation typically involves additional steps beyond the standard burial transit permit:

• A separate cremation authorization form signed by the next-of-kin
• Medical examiner clearance, particularly for unattended deaths
• Mandatory waiting periods (typically 24-48 hours after death)
• Documentation that pacemakers and other medical devices have been removed

Communicable Disease Considerations

When death involves a communicable disease, states impose enhanced requirements:

• Additional health department oversight
• Special handling and transportation protocols
• Restrictions on the type of disposition allowed
• Expedited processing to minimize public health risk

Families should consult with their funeral director or local health department to understand the specific requirements in their state and locality.

Special Circumstances Requiring Additional Documentation

Certain situations require additional permits or steps beyond the standard burial transit permit process.

Interstate Transportation

When remains need to cross state lines, the original state’s burial transit permit typically authorizes the transportation. However, families should verify that the destination state will accept the out-of-state permit. Most states honor permits from other states, but it’s wise to confirm in advance, especially if the destination state has unique requirements. Some states may request additional documentation or notification to their health department.

What Happens in the Case of International Transit?

If the remains need transportation across international borders, securing an international burial transit permit might require additional steps. These procedures should adhere to the guidelines established by the destination country. The process typically involves the consulate or embassy of the respective country and may require other documentation.

Disinterment or Exhumation

Moving remains from one burial location to another requires a separate disinterment permit. This process involves:

• Application to the health department or registrar
• Documentation of the reason for disinterment
• Proof of family authority or court order
• Medical examiner approval in some cases
• A new burial transit permit for transporting the disinterred remains to their new location

Disinterment regulations are typically more stringent than original burial permits due to public health and legal considerations.

Home Burials and Family Cemeteries

Families choosing home burial or interment in private family cemeteries still need burial transit permits. Additional considerations include:

• Verifying local zoning laws allow home burial
• Meeting distance requirements from water sources and property lines
• Obtaining landowner permission if on property you don’t own
• Registering the burial location with local authorities
• In some states, individuals handling their own arrangements may need to register as authorized persons

Fetal Deaths

States have varying requirements for burial transit permits related to fetal deaths, typically based on gestational age. Many states require permits for fetal deaths after 20 weeks of gestation or when the fetus weighs more than 350 grams. Families should consult local regulations for specific requirements.

Understanding Costs and Processing Times

Permit Fees

Burial transit permit fees are generally modest, typically ranging from $5 to $50 depending on your state and local jurisdiction. Most funeral homes include this fee as part of their service package, so families working with funeral directors rarely pay this cost separately.

For families handling arrangements independently, the fee is paid directly to the issuing authority—usually the local health department, county clerk, or registrar’s office. Some jurisdictions offer expedited processing for an additional fee, typically $25-100, which may be valuable for time-sensitive religious or family requirements.

Processing Timeframes

Understanding typical timelines helps families plan funeral or memorial services appropriately:

• Death Certificate Completion: 24-72 hours from the time of death
• Permit Application Processing: 1-3 business days after submission
• Total Timeline: Most families receive permits within 3-7 days of death
• Expedited Processing: Some jurisdictions offer same-day or next-day service for urgent needs
• Delays: Medical examiner cases, incomplete information, or jurisdictional backlogs may extend timelines

Factors That Affect Processing Speed

Several circumstances can impact how quickly permits are issued:

• Medical examiner involvement in suspicious or unattended deaths
• Incomplete information on death certificates
• Deaths occurring on weekends or holidays when offices are closed
• High-volume periods at local health departments
• Pending toxicology or autopsy results

Families with religious or cultural requirements for prompt burial should inform their funeral director immediately so they can request expedited processing if available.

The death of a loved one brings many administrative tasks that can seem overwhelming. Though obtaining a burial transit permit may seem like a minor part of the process, this documentation is necessary for ensuring the remains’ respectful and lawful disposition.. Understanding its purpose and the process of obtaining it can make the journey less daunting, allowing families to focus on healing and remembering their loved ones.

Common Problems and How to Address Them

While most burial transit permits are processed smoothly, families occasionally encounter challenges. Understanding potential issues helps you address them quickly.

Delayed Permit Issuance

The most common problem families face is slower-than-expected permit processing. Delays typically stem from:

• Incomplete information on the death certificate
• Physician delays in signing the death certificate
• Medical examiner backlog or pending investigation
• Missing required documentation
• Processing delays during weekends, holidays, or high-volume periods

Solution: Collaborate with an experienced funeral director who has established strong relationships with local authorities and understands how to navigate the system efficiently. If handling arrangements yourself, follow up proactively with the issuing office and ensure all documentation is complete before submission.

Errors on the Permit

Mistakes in names, dates, locations, or other information can invalidate a permit and prevent final disposition.

Solution: Carefully review all information before the permit is issued. If an error is discovered, contact the issuing authority immediately to request a correction. Most offices can issue corrected permits relatively quickly once notified.

Interstate Complications

Families transporting remains across state lines sometimes discover the destination state has additional requirements not apparent initially.

Solution: Before transportation, research the destination state’s specific requirements or have your funeral director verify acceptance of out-of-state permits. Obtain any additional documentation needed before beginning transport.

Medical Examiner Holds

In cases of suspicious, unexpected, or unattended deaths, medical examiners may place a hold on the body pending investigation. This prevents permit issuance until the investigation concludes.

Solution: Stay in communication with the medical examiner’s office for status updates. Understand that these holds serve important legal and public health purposes. Once the medical examiner completes their review and releases the body, permit processing can proceed.

Religious or Cultural Time Constraints

Some faiths require burial within 24 hours of death, which can be challenging given typical permit processing times.

Solution: Inform your funeral director immediately about religious requirements. Many jurisdictions offer expedited processing for documented religious needs. Some states specifically accommodate these situations in their regulations.

If Your Loved One Died from a Wrongful Death

Losing a loved one is devastating. When that loss results from someone else’s negligence or wrongful actions, families face not only grief but also questions about justice and accountability.

The Importance of Documentation

If you suspect your loved one’s death may have been caused by negligence, the burial transit permit and associated death documentation become important for more than just funeral arrangements. These documents establish:

• Official cause and manner of death
• Timeline of when death occurred and was reported
• Medical examiner involvement and findings
• A legal record that may be relevant to your case

Common Wrongful Death Situations

Wrongful death claims may arise from various circumstances, including:

• Medical malpractice or surgical errors
• Nursing home abuse or neglect
• Motor vehicle accidents
• Workplace safety violations
• Defective products
• Premises liability incidents

How Traction Law Group Can Help

At Traction Law Group, we understand the difficult position you’re in. We handle the legal complexities so you can focus on your family and healing. Our experienced wrongful death attorneys will:

• Review the circumstances of your loved one’s death at no cost
• Obtain and analyze all relevant medical and death documentation
• Investigate potential negligence by responsible parties
• Handle all legal proceedings while keeping you informed
• Fight to secure the compensation your family deserves

We work on a contingency fee basis, which means you pay no attorney fees unless we win your case.

Free Confidential Consultation

If you have questions about whether your loved one’s death may have been preventable, we encourage you to reach out. We offer free, confidential consultations to review your situation and explain your options with no obligation.

Frequently Asked Questions