Buying Funeral Goods & Services

Know your rights when making those difficult decisions.

Federal Trade Commission

When a loved one dies, grieving families and friends are often confronted with dozens of decisions about the funeral. When you make funeral arrangements at the time of death or in advance, you have the right to buy goods and services separately. That is, you do not have to accept a package that may include items you do not want.

When a loved one dies, grieving families and friends are often confronted with dozens of decisions about the funeral. Many funeral providers offer various “packages” of goods and services that make up different kinds of funerals. When you make funeral arrangements, you have the right to buy goods and services separately, according to the Federal Trade Commission (FTC).

The Funeral Rule

The Funeral Rule, enforced by the FTC, makes it possible for you to choose only those goods and services you want or need and to pay only for those you select, whether you are making arrangements when a death occurs or in advance. The Funeral Rule allows you to compare prices among funeral homes, and makes it possible for you to select the funeral arrangements you want at the home you use. (The Rule does not apply to third-party sellers, such as casket and monument dealers, or to cemeteries that lack an on-site funeral home.)

The Funeral Rule gives you the right to:

• Buy only the funeral arrangements you want. You have the right to buy separate goods (such as caskets) and services (such as embalming or a memorial service). You do not have to accept a package that may include items you do not want.
• Obtain price information on the telephone. Funeral directors must give you price information on the telephone if you ask for it. You do not have to give them your name, address or telephone number first. Although they are not required to do so, many funeral homes mail their price lists, and some post them online.
• Secure a written, itemized price list when you visit a funeral home. The funeral home must give you a General Price List (GPL) that is yours to keep. It lists all the items and services the home offers, and the cost of each one.
• See a written casket price list before you see the actual caskets. Sometimes, detailed casket price information is included on the funeral home's GPL. More often, though, it's provided on a separate casket price list. Get the price information before you see the caskets, so that you can ask about lower-priced products that may not be on display.
• Obtain a written outer burial container price list. Outer burial containers are not required by state law anywhere in the U.S., but many cemeteries require them to prevent the grave from caving in. If the funeral home sells containers, but does not list their prices on the GPL, you have the right to look at a separate container price list before you see the containers. If you do not see the lower-priced containers listed, ask about them.
• Receive a written statement after you decide what you want, and before you pay. It should show exactly what you are buying and the cost of each item. The funeral home must give you a statement listing every good and service you have selected, the price of each, and the total cost immediately after you make the arrangements.
• Get an explanation in the written statement you receive from the funeral home that identifies and describes any legal, cemetery or crematory requirement that compels the purchase of any funeral goods or services for which you are being charged.
• Use an “alternative container” instead of a casket for cremation. No state or local law requires the use of a casket for cremation. A funeral home that offers cremations must tell you that alternative containers are available, and must make them available. They might be made of unfinished wood, pressed wood, fiberboard, or cardboard.
• Provide the funeral home with a casket or urn you purchase elsewhere. The funeral provider cannot refuse to handle a casket or urn you bought online, at a local casket store, or somewhere else — or charge you a fee to do it. The funeral home cannot require you to be there when the casket or urn is delivered to them.
• Make funeral arrangements without embalming. No state law requires routine embalming for every death. Some states require embalming or refrigeration if the body is not buried or cremated within a certain time; some states don't require it at all. In most cases, refrigeration is an acceptable alternative. In addition, you may choose services like direct cremation and immediate burial, which don't require any form of preservation. Many funeral homes have a policy requiring embalming if the body is to be publicly viewed, but this is not required by law in most states. Ask if the funeral home offers private family viewing without embalming. If some form of preservation is a practical necessity, ask the funeral home if refrigeration is available.

Cost Considerations

The casket and the funeral home's fee for the basic services of the funeral director and staff are typically the most expensive items in a full-service funeral. Comparison shop before you decide on a casket and funeral home; you may find a wide variation in pricing. If cost is a consideration, look at lower-price caskets and outer burial containers offered by the funeral home, local casket providers, or online retailers. Caskets and outer burial containers with warranties may not be worth the extra cost because no casket or container can delay the decomposition of human remains indefinitely, and the Funeral Rule prohibits statements to the contrary.

If you don't want to hold a viewing, you can avoid charges for embalming and “other preparation of the body,” and the charges for a viewing. Most states do not require embalming except in special cases. The Funeral Rule requires that an explanation of any charge for embalming be included in the written statement you receive immediately after making the funeral arrangements.

Immediate burial and direct cremation usually are the least expensive options. The cost of permits, preparing death notices, and coordinating cemetery or crematory arrangements must be included in the price for direct cremation and immediate burial. If you choose cremation, ask if the direct cremation price includes any crematory fee. If you want additional services, including the use of staff and facilities for a memorial service, the funeral home may charge an additional fee.

In most states, you are not legally required to use a funeral home to conduct a funeral. These functions may be handled by a religious or other organization, or by your family. In addition, veterans, their immediate family members, public health workers, and some civilians who provide military-related service are entitled to burial in a national cemetery with a grave marker. Burial for the veteran is free, but the family is responsible for all funeral home expenses, such as the funeral ceremony or memorial service, and transportation to the cemetery. Many states have low-cost cemeteries for veterans.

This article, and hundreds more, can be found on the NEA Member Benefits web site in the “Member Library” section: www.neamb.com/consumer_articles.jsp.