Best bets
Board of Registration in Embalming and Funeral Directing
Check a professional license, file a complaint against a licensee, and view records of disciplinary actions.
Issues to consider in preparing for disposition of decedents, Mass. Department of Public Health, Division of Community Sanitation.
Includes detailed information on death certificates, transportation, preparing the body, cremation, burial, green burial, burial at sea, and more, with links to applicable laws and regulations.
Massachusetts laws
MGL c. 114 Cemeteries and burials
The state's primary cemetery, burial and cremation law.
MGL c. 7, § 38A American Indian skeletal remains; preservation; excavation; analysis
MGL c. 7C, § 43 Procedure upon notice of site evaluation to determine presence of American Indian skeletal remains
MGL c. 9, § 26A State archeologist; duties; reservation of lands from sale; cooperation of governmental agencies
MGL c. 9, § 27C Projects; notice; adverse effect; review
Requirements to notify state archeologist if remains are found during public construction project.
MGL c. 38, § 6 Unmarked human remains; notice to office of chief medical examiner; reasonable attempt to identify; notification of commission on Indian affairs when remains suspected to be 100 years old or more
MGL c. 46, § 9 Death certificates; issuance; contents; declaration of death by nurse, nurse practitioner or physician's assistant
MGL c. 85, § 14A Funeral processions
MGL c. 117A, § 9 Final disposition of deceased persons; recovery of expenses from deceased's kindred
In some circumstances, the state will pay up to $1100 for the burial expenses of those who die without any money, but "may recover this expense from any legally liable family members."
MGL c. 190B, § 3-701 Time of accrual of duties and powers
Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements
MGL c. 272, § 40 Disturbance of assemblies; conduct of students on school grounds or in the course of school-related events
Penalty for disturbing an assembly (funeral).
MGL. c. 272, § 42 Disturbance of funerals
Whoever wilfully interrupts or by fast driving or otherwise in any way disturbs a funeral assembly or procession shall be punished as provided in section forty.
Massachusetts regulations
105 CMR 315 Cremation of bodies received from outside Massachusetts
106 CMR 705 Transitional Cash Assistance Programs (TCAP): related benefits
- 106 CMR 705.700 - 705.710 Funeral and final disposition expenses
239 CMR Rules and regulations governing funeral directors and embalmers
239 CMR 3 Registration requirements; standards of business and professional practice
- 239 CMR 3.09(c) Control over arrangements and disposition of human remains
Follow the directions of the deceased person's surviving kin, in the following order of priority:
“1. the surviving spouse of the deceased;
2. the surviving adult children of the deceased;
3. the surviving parent(s) of the deceased;
4. the surviving brother(s) or sister(s) of the deceased;
5. the guardian of the person of the deceased at the time of his or her death;
6. any other person authorized or obligated by law to dispose of the remains of the deceased.”
505 CMR 1 Disclosure of autopsy reports
505 CMR 2 Release of unclaimed or unidentified bodies
505 CMR 4 Cremation fees
Federal regulations
16 CFR 453 Funeral industry practices. The "funeral rule"
This is the primary consumer protection law for funerals.
40 CFR 229.1 Burial at sea
Selected cases
Web sources
General Information
Arranging a funeral or cremation in Massachusetts, U.S. Funerals Online.
Provides guidance on what decisions need to be made in the funeral arrangements of a loved one including finding a funeral home, green burials, cremation and flowers.
Burial and cremation laws in Massachusetts, Nolo, 2024.
Provides answers to common questions about burial and cremation.
“If you wish to scatter ashes, you have many options. Cremation renders ashes harmless, so there is no public health risk involved in scattering ashes. Use common sense and refrain from scattering ashes in places where they would be obvious to others.”
Caring for your own dead: Guidelines for burial or cremation without a funeral director, Funeral Consumers Alliance of Eastern Massachusetts.
Highlights required forms upon death in Massachusetts. Extremely helpful information about the process, even if you don't plan to do it yourself.
Funeral home directory, Legacy.com.
Search for funeral home by municipality or zip code.
Shopping for funeral services, Federal Trade Commission.
Detailed guide on issues confronting consumers. Includes funeral planning, costs, a form to use in comparing costs, and consumer rights under the "funeral rule."
Veterans' guide to benefits: Burial benefits, Mass. Secretary of State.
Explains eligibility for burial in state and federal veterans' cemeteries and the application procedure.
VIP electronic death registration system (EDRS), Mass. Registry of Vital Records and Statistics.
All deaths occurring on September 1, 2014 onward must be registered through EDRS
What to do when human burials are accidentally uncovered, Mass. Historical Commission.
What you should do if you uncover bones, and the role of the state archaeologist.
Burial at Sea
Burial at sea, U.S. Environmental Protection Agency.
Contains guidance in how to conduct a burial at sea and reporting requirements.
A final resting place at sea: As cremations rise, ocean burials also gain, Boston Globe, January 20, 2011.
Explains the increasing number of burials at sea, and some options for those considering it. Note: You must be online in Massachusetts in order to access this link.
Burying the Poor
Abandoned bodies: Massachusetts' poor and unwanted are spending months waiting for burial, Masslive.com, May 2019.
Part 1 in a series "on what happens to Massachusetts' poor and unwanted when they die and the few people who take on the task of burying them."
Who buries Massachusetts' poor? State pays so little only a couple of funeral homes will take them, Masslive.com, May 2019.
Part 2 in a series "on what happens to Massachusetts' poor and unwanted when they die and the few people who take on the task of burying them."
Green Burial
Green Burial Massachusetts
A Massachusetts nonprofit that educates and advocates for green burial practices in Massachusetts. This resource provides information on green burials and includes data on green burial policies in cemeteries across the state.
Information for local boards of health on home burials and green burials, Mass. Department of Environmental Protection, Drinking Water Program.
Mass.gov resource with guidance regarding what local boards of health should consider when handling requests for home and green burials.
Print sources
Cause of action against undertaker for the mishandling of human remains, 35 COA 2d 495.
Consumer law, 4th ed. (Mass. Practice Series volumes 35-36A), 2021.
Sections 30:40 - 30:49 Funeral Services.
Damages in tort actions, Matthew Bender, loose-leaf. (eBook available with library card)
Vol. 1, Chapter 7, Mishandling of dead bodies.
Final rights: Reclaiming the American way of death, Joshua Slocum and Lisa Carlson, Upper Access, 2011.
The law of human remains, Tanya Marsh, Lawyers & Judges Publishing Company, Inc., 2016.
Municipal law and practice, 5th ed (Mass. Practice Series volumes 18-18C), 2006 with supplement.
Section 9.35 Public Cemeteries; section 19.16 Cemeteries and Burial Grounds; section 19.17 Funeral Directors.
Contact for Massachusetts law about burial, cremation, and funerals
Online
Last updated: | February 12, 2025 |
---|