Home funeral laws in Delaware
Families in Delaware have more rights than most of them realize. State law allows a fully family-directed funeral: home care of the body, self-filed paperwork, family transport, direct crematory delivery. No funeral director required at any step.
What your family may legally do in Delaware
Care for the body at home
Legal in every state. Embalming is not required; refrigeration or dry ice does the same job. Families have a day or more, usually several.
File the death certificate and permits yourselves
As next of kin you can complete and file the death certificate and burial-transit permit directly with the local registrar.
Transport the body in the family vehicle
Legal with the burial-transit permit in hand. A station wagon, van or truck bed with a simple box is how it was done for centuries.
Deliver directly to the crematory or cemetery
Many crematories accept families directly. Call ahead; the fee is a fraction of a funeral home's package.
Bury on your own rural land
Usually legal on rural land, subject to county zoning and recording the burial site on the deed. Check the county first.
The common questions
Are home funerals legal in Delaware?
Families in Delaware have more rights than most of them realize. State law allows a fully family-directed funeral: home care of the body, self-filed paperwork, family transport, direct crematory delivery. No funeral director required at any step.
Is embalming required in Delaware?
No. Delaware, like every US state, has no embalming requirement for a direct cremation or an immediate burial. Refrigeration or dry ice does the same job and costs a fraction as much. Where embalming does come up is a public viewing or some long-distance transport, and even there alternatives usually exist.
Can you be buried on your own property in Delaware?
Generally yes, on rural land. Delaware allows home burial subject to county zoning, minimum-distance rules in some counties, and recording the burial location. The county office is the right first call before planning one.
Useful Delaware facts
- Cremation rate
- Cremation is the norm here: about 67% of Delaware deaths end in cremation, ahead of the national average.
- State regulator
- Delaware Board of Funeral Services, the body that licenses providers and handles complaints.
Legality summary follows the National Home Funeral Alliance’s legal tracking and state statutes. Laws change: confirm current rules with your state and county before planning a family-directed funeral.
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