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How to Have a Home Funeral in NH

Your Step-by-Step Guide to a NH Home Funeral

According to New Hampshire RSA 290, families may care for their own dead entirely without hiring professionals. Many crematories and cemeteries have policies that preclude accepting delivery of the body by the family, so finding a crematory operator or cemetery sexton who will honor your desire to do the bulk of the work is crucial. Gaining clarity around the details, and making connections when planning ahead will serve you well when the time comes to implement your plan.
 
NHFREA can provide you with:
  • funeral planning guides
  • death certificate information
  • task lists for families
  • advance directives
  • presenters to speak to groups of any size on a variety of topics
 
If you have any questions, call NHFREA at 603.236.9495 or email at NHFREA@gmail.com

Authority to Make Arrangements

Recommendations:
  • Complete and file all advance directives, including Living Will and Durable Power of Attorney for Health Care (DPOAH).
  • Assign a family member, friend, or other designated agent to carry out all funeral arrangements.
Immediate family members or a designated agent have the right to handle all aspects of after-death care. This means that families can legally care for and transport a body, keep it in their home for a viewing period, and take it for final disposition themselves, without hiring a licensed funeral director, except for any details the family wishes to have done by a funeral home.
 
According to NH RSA 290:16, the authority to make all arrangements follows this order: a) spouse; b) an adult son or daughter; c) a parent; d) an adult brother or sister; e-k) other relations. If there is no spouse and there are multiple adult children, signatures from the majority or all will be required.
 
In the event that the decedent and/or the family prefer that someone outside the family oversee funeral arrangements and complete the necessary paperwork, they may appoint a designated agent to carry out their wishes on their behalf. This is accomplished by signing a Special Power of Attorney for Designated Agent form. Limitations and responsibilities are described in that document.

Legal Matters

Under New Hampshire law RSA 290:1, a death certificate may be filed by the deceased’s next of kin, a designated agent, or a funeral director. This must be accomplished electronically within 36 hours of death, and followed with the original paperwork within 10 days. If the death occurs during a period when the Town Clerk’s office is closed, such as holidays and weekends, and the family is acting as their own funeral director, either the Town Clerk in the town or city of record where the death occurred must agree to help file, or a funeral director must be hired specifically to file electronically.
 
Designating an Agent
Individuals choosing to have someone who is not a family member or a professional funeral director must do so in writing prior to death.

Death Certificate:
  • A completed and signed death certificate must be obtained from the physician, hospice nurse and/or other qualified authority who pronounces the death and authorizes cause of death on the medical portion of the death certificate;
  • The next-of-kin or designated agent completes the demographic portion;
  • If a funeral director is hired, he or she will complete the demographic portion using information provided by the family;
  • The next-of-kin or the designated agent, if acting as the funeral director, will sign as the FD;
  • The form must be filled out as specified, with no cross-outs or white-outs;
  • Every box must be completed, including NA or N/A;
  • Make a copy for your records;
  • The death certificate must be filed electronically by the Town Clerk in the town where the death occurs, by a funeral director who has direct access if the Town Clerk is unavailable, or in person at the Office of Vital Records, Division of Secretary of State, in Concord, within 36 hours; electronic filing must be followed by physical paperwork within 10 days;
  • A transit/transport/burial permit will be generated by the Town Clerk or Vital Statistics personnel once the electronic report has been filed, allowing the family to transport the body to home or church, crematory or cemetery;
  • Depending on the day of death, the paperwork may have to wait until after the weekend or a holiday, when offices are open; or your Town Clerk, having been apprised of an impending death, may agree to help you file during off-hours;
  • The final disposition by burial must be reported to the Town Clerk within 6 days with completed paperwork; and
  • Certified copies will be available on demand at the Town Clerk’s office at a price of $15 for the first and $10 for each subsequent copy; needed for Social Security, veteran’s benefits, banks, insurance, credit cards, credit report companies, and other purposes.
 
Transport/Transit/Burial Permit:
This form is generated when the death certificate is filed electronically by the Town Clerk and enables the family (if named on the form) to transport the body home, to a church or other space, and to the crematory or cemetery. The crematory or cemetery authority will sign the form, which must then be filed with the Town. Make copies for your records.
 
Authorization to Cremate
This form must be signed by the next-of-kin, giving the crematory permission to cremate the body. A Medical Examiner is required to release the body for cremation, burial at sea, body donation, or to cremate in another state. If you cremation another state, you must have a NH Medical Examiner view the body and provide the certificate. Call the Chief Medical Examiner's office for a referral to an ME in your county to schedule a review after the death has occurred. You will be responsible for sending in a copy of the form and the $60 fee. Bring the death certificate and transit permit, along with the cremation certificate, with the body to the crematory. In New Hampshire, there is a 48-hour waiting period required between the time of death and the cremation.
 
Transportation
Any family member or friend may transport a body in a closed vehicle large enough to accommodate the body in a prone position. The Transport/Transit/Burial permit issued by the Office of Vital Records must accompany the deceased.

People Who Should be Informed of Home FuneralYour Plans

Doctors
If the primary care physician and staff know that the family chooses to keep their deceased home prior to disposition of the body, they may be willing to help by filling out the medical portion of the death certificate in a more timely manner.
 
Hospice
If hospice is involved, be sure to let them know that you are planning to keep your loved one at home well before the death occurs so they can help make the aftercare smooth for all. Often hospice nurses and aides will be willing to assist in bathing and dressing.

Clergy
If the dying person is part of a spiritual community, that leader can be an invaluable contributor to the experience. You may ask him or her to attend at any point in the dying process, or to officiate in public or private ceremonies.
 
Other family members
Home death care is a group effort. By informing your family and friends about this decision, each member will have time to feel out their own comfort level and develop ways in which they feel comfortable to participate.
 
Funeral Directors
If you choose to have any services performed by a funeral home, you are advised to discuss their part ahead of time. You can call for prices or pick up a copy of their “General Price List,” which they must furnish on request, as required by law.  A comparison survey of participating NH funeral directors is available on the NHFREA website. This listing also includes green product carriers, additional services, and all contact information.
 
Town Clerk
Be sure to check in beforehand with the Town Clerk in the town where it is anticipated the death will occur to ensure his or her cooperation with filing the death certificate. It is every Town Clerk’s job to know how to file electronically, but many have not had the opportunity, so help them to be prepared. The NH Office of Vital Statistics is ready to help if needed.

Notifications and Benefits

Newspapers
Families may file obituaries and memorial notices. A newspaper may ask to see a death certificate and many newspapers charge a fee for publishing an obituary.
 
Military and Veterans Benefits
Contact the Department of Veterans Affairs for information on benefits, or visit http://www.cem.va.gov/ for online information. Among other things, you may be entitled to a U.S. flag from the Post Office, to be used at a memorial service, by presenting a certified copy of the death certificate and proof of military service. You may also qualify for a free gravesite in a VA cemetery. Toll-free:  800-827-1000.
 
Social Security Benefits
To obtain Social Security Administration information, go to http://www.socialsecurity.gov/
 
The office in Littleton https://secure.ssa.gov/apps6z/FOLO/Controller can be called at:
Local Number (603) 444-2945
Toll-Free 1-800-772-1213
TTY(603) 444-4028

Check out http://www.funeralwise.com/learn/arrange/benefits for more info on Social Security and VA benefits.

Containers for Cremation or Burial

Crematories require that the body be delivered in a rigid, combustible container, whether a fancy casket, a simple pine or plywood box, or a cardboard “alternative container.”
                 
The container must have any precious items removed, and the body must be cleared of jewelry, pacemakers or other metal medical devices. Decoration (drawings, writing, other simple embellishments) of a plain or cardboard casket is therapeutic for family and friends, and acceptable to both crematories and cemeteries.
                 
All funeral goods, including cardboard caskets, pine boxes, urns, shrouds and other containers and plans are available online or for purchase at most funeral homes. Families can also build or procure a casket custom made by local woodworkers, and cannot be charged extra by anyone for doing so. If burying, ask the cemetery official what the casket requirements are, including whether a concrete vault is required by the by-laws.

Find some casket, shroud, and urn makers in the region at Shop Local

Resources and Links

FCA Your Funeral Rights
FCA Common Funeral Myths
FCA & NHFA Restoring Families' Rights to Choose: The call for funeral legislation change in America
FCA & NHFA Quick Guide to Legal Requirements
FCA & NHFA What to Do When Families' Rights are Challenged
NHFA Undertaken With Love
NHFREA Designated Agent for After Death Arrangements Form

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New Hampshire Funeral Resources, Education & Advocacy    Designed and content provided by Lee Webster     All rights reserved  © FuneralPartnership.org
  • Home
  • How To
    • Have a Home Funeral
    • Perform Body Care
    • Have a Home Burial
    • Green Up a Funeral
    • Pay for a Funeral
    • Find Financial Assistance
    • Find Guides and Doulas
  • Resources
    • Find it Fast
    • FAQs
    • Home Funerals >
      • State Requirements for Home Funerals
      • New England Legal Requirements
    • Green Burial >
      • Green Burial Cemeteries in the US and Canada
      • Legal Burial Requirements by State
      • Natural Burial Bylaw Language
    • Shop Local
    • Media Resources
    • Important Links
    • Funeral Service >
      • 2020 Price Survey
    • For Professionals
    • Vermont Resources
  • Presentations
    • Speakers & Trainers
    • Workshops
    • In-Services
  • Blog
  • Writings
  • Covid-19 and Funerals: What You Need to Know
  • Contact