Are Home Funerals Legal in Florida?

A “home funeral” usually means that family and friends care for their loved one at home for a short time after death, for a vigil, visitation or ceremony, instead of or in addition to gathering at a funeral home. Interest in home funerals has grown, and many families find the experience meaningful.

Can you hold a home vigil or visitation in Florida?

Families can generally spend time with a loved one at home after an expected death, and many hold a short vigil before calling the funeral home. Some funeral homes will also support a longer home visitation, advising on care of the body (for example, cooling) and handling the regulated steps.

Steps that are regulated

Several steps after a death are regulated by Florida law, and in practice they are usually handled by a licensed funeral director:

  • Filing the death certificate and obtaining the physician’s or medical examiner’s certification
  • Obtaining permits for final disposition
  • Transporting remains
  • Cremation, which also requires medical examiner approval and a waiting period
  • Burial, which is subject to cemetery rules and local regulations

Florida law regulates the handling, storage, transportation and disposition of human remains, and requirements depend on the circumstances. If you are considering a family-directed funeral without a funeral home, confirm the current requirements first with the Florida Department of Health (Vital Statistics) and the Division of Funeral, Cemetery, and Consumer Services, or speak with a Florida attorney.

A middle path: a funeral home that supports a home farewell

Many families choose a funeral home for the paperwork, transport, refrigeration and cremation or burial, while holding the farewell at home or at a place of worship. Ask funeral homes whether they will:

  • let the family wash and dress their loved one or be present for preparation,
  • support a home visitation and advise on cooling,
  • itemize only the services you need.

Under the FTC Funeral Rule, you can choose only the goods and services you want. See your rights when planning a funeral.

This article is general information about Florida funeral practices, not legal advice. Florida law regulates the handling, transportation, cremation and disposition of human remains, and requirements can depend on the circumstances. For advice about a specific situation, speak with a licensed Florida funeral director or an attorney. Editorial policy.