Funeral services: Know your rights
The death of a loved one is a difficult time. Planning funeral arrangements can be stressful, confusing, and costly. The average expense for a viewing, ceremony, and burial – not including the cost of a burial plot or cremation – is over $8,500 in New York.
New York’s consumer laws protect you during this vulnerable time. Under state law, funeral businesses must give you:
- clear explanations of the individual costs of all products and services they provide
- freedom to choose only the services you want
We have written this guide to help you make informed and cost-conscious decisions.
Know your rights, be proactive, and ask questions to ensure that funeral homes handle your arrangements with transparency, dignity, and respect.
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What funeral homes must provide
New York law requires funeral homes to provide you with written pricing documentation. The documents must clearly show the individual costs of each product and service you have chosen.
New York law requires funeral homes to provide you with an itemized price list, called a general price list (GPL), when you ask about their services in person or over the phone. You do not have to commit to any of these services.
Keep in mind that you may have additional charges from outside businesses, such as crematoriums and cemeteries. Certain items on the GPL, such as “direct cremation” or “direct burial,” may not show the full charge for cremation or burial. You may also choose to use products or services purchased from outside businesses.
If you want a simple cremation, a funeral home cannot force you to pay for embalming, viewing, or a formal ceremony. Note that the cremation itself will probably be done by an outside business. If so, this will be another charge that will increase your overall cost.
If you choose an immediate burial, you do not have to have a funeral service, visitation, or expensive casket. Note that an outside business will provide the burial plot and cemetery services. These charges will come from that business, not the funeral home, and will raise your overall costs.
Embalming is not always required by law. A funeral home must tell you when embalming is necessary. The home cannot require embalming if it is not needed in your situation. For example, if you choose refrigeration or immediate burial or cremation, you may not need embalming.
Some funeral homes may suggest embalming as a standard practice. But remember that embalming is legally required only under specific circumstances, such as public viewings or delayed services. You can ask if there are alternative options to reduce costs.
Funeral homes must disclose if they charge more than the cost of certain items that they buy, such as flowers and newspaper notices. You have the right to use third-party services and products, such as memorial services, florists, or video tributes, without a penalty. A funeral home cannot force you to buy everything directly from them. It cannot charge you fees for using outside vendors.
You do not have to buy a casket or urn from the funeral home. You can buy these items from an outside vendor, such as an online or local supplier. The funeral home cannot charge you extra for handling a casket or urn bought elsewhere.
For a cremation or a green or natural burial, you can use an alternative container, such as a simple box made of cardboard or wood. Ask the funeral home about these options.
After you make your selections and after the funeral home finishes planning the arrangements, the home must give you a written statement. This statement must clearly list every service and product you have selected, the cost of each item, and your total cost.
Review this statement carefully and ask questions if any item is not clear. Ask if you should expect any extra charges from third parties, such as the crematorium or cemetery, or for the publication of an obituary.
What to know about prepaid funeral contracts
Some funeral homes allow you to prepay for your funeral or the funeral of a loved one. Money you pay under this contract remains your money and must be held in trust and earn interest until it is used. You may change your mind at any point before the death occurs, and you are entitled to a refund plus interest. For example, you may decide that you want to make arrangements with a different funeral home. If the funeral home shuts down or changes owners, you must be notified and you are entitled to a refund or to have the new owner provide the services.
Funds to assist with burial expenses
- Low-income New Yorkers may qualify for burial assistance. You can apply up to 120 days after the death of a loved one. Contact your county Department of Social Services (DSS) to learn more.
- Funeral arrangements for a veteran may be eligible for supplemental burial allowance. Contact the Department of Veterans’ Services to learn more.
Who has rights over bodily remains
Under New York state law, next of kin have primary rights over a person’s bodily remains. You must make legal arrangements in order to have anyone else make final determinations for you, and you may select any person you wish.
- Such an arrangement must be in writing, signed by you and your appointed agent, and witnessed by two people.
- For this type of arrangement, the New York State Department of Health provides a form called appointment of agent to control disposition of remains. You may use a different form, but it should be substantially the same.
Tips to protect yourself
- Ask questions. The funeral home must give you a price sheet that explains every option and charge. It must also explain any other anticipated charges. For example: A “direct cremation” or “direct burial” does not usually include the cost of cremation or burial. Ask about everything you will need and how much it will cost!
- Document everything. Keep copies of all contracts, price lists, and written statements for your records.
- Explore your options. Online retailers and third-party sellers may offer a wider variety of caskets and urns at a fraction of the cost. Check out your options before you commit to buying items through the funeral home.
- Shop around. Each provider will have its own prices, goods and services, and sales style. If something feels odd or too expensive, consult another provider to compare pricing and policies.
- Be up front. Let providers know that you do not have unlimited funds. Make sure the arrangements fit your budget.
- Be careful. Watch out for unfair pricing and scams that target grieving families, such as overpriced memorial services. Be sure to work with reputable organizations. Always make sure you know where your dollars are going.
Report deceptive business practices
If you suspect a funeral home has done anything illegal or deceptive, file a complaint with the Office of the New York State Attorney General.