Protecting the Funeral Rights of Arizonans

Conducting a home funeral doesn't require a licensed funeral director or a law degree, but families are responsible for following the law. The resources below should make understanding and executing your legal responsibilities relatively straightforward. Following the law is about more than making sure you've done it correctly. It's also about making sure that the right to care for our dead in Arizona is protected for other families. 

On This Page

  • Arizona funeral laws and administrative rules
  • Legal filing requirements
  • Links to important offices
  • ​What to do when rights are challenged

Arizona Legal Essentials

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  • Arizonans can care for their own dead. Under Arizona law, anyone can perform the functions of a funeral director for family and community members as long as they’re not paid to do so. The right to care for the dead is found in Arizona Statute § 36-326 where the law declares that a body disposition permit may be issued to "a funeral director or other responsible person."
  • Immediate family are by law the default decision makers regarding physical remains as described in Title 36-831-A. This consists of a list of immediate family that the state describes in a chain of authority. (See How to Complete Paperwork and Authority to Make Arrangements.)
  • Arizonans can determine what happens to their body after they die and can delegate that authority to someone who is not a blood relative. Arizona Statute § 36-3221 states "a person who is an adult may designate another adult individual or other adult individuals to make health care decisions on that person's behalf or to provide funeral and disposition arrangements in the event of the person's death by executing a written health care power of attorney". (See AZ Designated Agent Form.)
  • Arizona is a "personal preference" state. The law stipulates that survivors are obligated to follow written (or verbal) instructions for disposition if there is a signed, dated, and notarized document. (See AZ Statute § 32-1365.01.)
  • Hiring a funeral director is not required to file a death certificate as described in AZ Statute § 36-325. The Arizona Electronic Death Registration System is where the death certificate is filed electronically, the end product being a certified death certificate for use in processing the descendent's estate. The next-of-kin or the designated agent has the ability to file a death certificate with the assistance of the local registrar, a deputy local registrar or the state registrar. (Go to How to Complete Paperwork for more information and links including Arizona Death Certificate Worksheet.)
  • According to AZ Statute § 36-326 "A...responsible person may move human remains from a place other than a hospital, nursing care institution or hospice inpatient facility where death occurred without obtaining a disposition-transit permit if the...responsible person does not remove the human remains from this state and provides notice to the local registrar or deputy local registrar in the registration district where death occurred within seventy-two hours after moving the human remains.
  • A disposition transit permit may be obtained by submitting the information "required pursuant to this chapter and rules adopted pursuant to this chapter to the state registrar or to the local registrar or deputy local registrar of the registration district where the death occurred. (See AZ Statute § 36-326.)
  • Human remains that are moved from a hospital, nursing care institution or hospice inpatient facility must be accompanied by a form provided by the hospital, nursing care institution or hospice inpatient facility authorizing the release of the human remains. (See AZ Statute § 36-326.)
  • Embalming is not required; refrigeration is sufficient for home funerals. Arizona regulations for licensed funeral directors requires that a body be embalmed or refrigerated only if final disposition does not occur within 24 hours or the deceased did not die from certain communicable diseases, and when the deceased is in the custody of a funeral home. (See Section R4-12-303 of the Arizona Administrative Code.)
  • If the deceased died of a communicable disease (HIV or AIDS, diphtheria, hepatitis B, C, or D, plague, rabies, tularemia, or tuberculosis, etc.), contacting a local health authority is required. For a complete list of which diseases Arizona recognizes as communicable at the Arizona Department of Health Services.)
  • Arizonan crematories are prevented by law from contracting directly with non-funeral directors. A funeral home must be hired to facilitate a cremation. There is a 24 hour mandatory waiting period from death to cremation.
  • Crematories may dispose of unclaimed remains 120 days after death or agreed upon pick up date.
  • Certified death certificates are available through the Office of Vital Records.
  • Arizona is a 'closed record' state, meaning that vital records are not public. (See Arizona Administrative Code R9-19-314 and R9-19-315 to learn who has access to certified death certificates.)
  • Alkaline hydrolysis legal for human use in Arizona. (Passed 5.27.22.)
  • Arizonans may bury on private property and record the burial with the county before burial. (See Arizona Statute § 36-326(I).)
  • Burial vaults and caskets are not required by law for burial in Arizona, but individual cemeteries may set their own rules and may require purchase of concrete or metal burial vaults (also called outer burial containers) and a casket, rather than a simple shroud, as a matter of cemetery policy. (See How to Go Out Greener.)
  • Arizona law defines fetal death by a weight of 350 grams, up to 20 weeks gestation. (See ARS § 36-329; Arizona Administrative Code, R9-19-302.)

Arizona ​Funeral Laws & Administrative Rules

Burial duties; notification requirements (AZ § 36-831)
Death certificate registration; moving human remains (AZ § 36-325)
Disposition transit permits (AZ § 36-326)
Fetal death certificate registration (ARS § 36-329) 
Healthcare power of attorney (AZ § 36-221)
Home burial (AZ § 36-326(I))
​Information required for a certificate (AZ § 36-321)
Requesting a certified copy of a death certificate  (AZ Admin Code. § R9-19-315)
State board of funeral directors and embalmers (AZ § 32-1302)
Vital records; copies; access (AZ § 36-324)

Offices and Agencies Contact Information

Cemeteries fall under the jurisdiction of the Department of Real Estate
100 N 15th Avenue #201
Phoenix, AZ 85018
602-771-7799
https://azre.gov

AZ Medical Examiners County Offices
Charged with investigating and maintaining a file on every death that happens in Arizona (with the exception of Tribal land) under specific circumstances: during employment, when not expected, and when the person is not under the care of a physician, or enrolled in hospice, during the period immediately prior to death. https://www.countyoffice.org/az-medical-coroner/

AZ State Board of Funeral Directors and Embalmers
1740 West Adams Street, Suite 3006
Phoenix, AZ 85007
602-542-3095
State agency that supervises and licenses death care professionals and facilities such as funeral directors, funeral homes (also known as mortuaries), cemeteries, and crematoriums; handles investigations into alleged misconduct by death care professionals and facilities. https://funeralboard.az.gov. To file a complaint form: https://elicense.az.gov/ARDC_FileComplaint

Arizona Department of Health/Bureau of Vital Records
1818 W. Adams
Phoenix, AZ 85007
602-364-1300
888-816-5907
State agency in charge of creating “death certificates” and keeping records of all births and deaths in Arizona.  Families wishing to handle death-related paperwork without hiring a funeral director may do so with assistance from local and state registrars and by contacting the Department. https://www.azdhs.gov/licensing/vital-records/index.php. To apply for copies of death certificate: https://www.azdhs.gov/licensing/vital-records/index.php#death-certificates-home

​Arizona Department of Health/Infectious Epidemiology Unit
150 North 18th Avenue
Phoenix, Arizona 85007602-542-1025
Fax: 602-542-0883
https://www.azdhs.gov/preparedness/epidemiology-disease-control/infectious-disease-epidemiology/

Regulations, Policies, and Laws: Professionals vs. Private Citizens

Regulations for Funeral Professionals
Where a professional, licensed funeral director or practitioner is involved, Arizona Board of Funeral Service regulations must be followed. These regulations do not apply to citizens; they are specific to licensed professionals.

What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and Arizona Legal Essentials above.)

Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals.) In addition, Arizona requires a specific form provided by the facility in order to remove the deceased.

For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements—can be addressed by our How To pages. You can print out our Resources for Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants,  Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.

Resources and Online Links