Legal Reference Blog by Renee C. Walsh, Attorney

20/07: Moving a Body from One State to Another After Death

If you want to be buried in a state other than the state of your death, you should become educated about your options by finding out what the funeral home can do to assist you in the process. Consider discussing the issue separately with funeral homes at both ends of the journey. Find out if there are ways to keep costs down such as if it is possible for only the receiving funeral home to become involved. Ask whether the body has to be embalmed. Typically, a body will need to be embalmed before it can be transported across state lines.


If the body is being transported within the state or for a short time, it may not have to be embalmed. Ask about how it has to be transported. Once the body has been properly prepared and packaged, it can typically be transported in any vehicle large enough to carry it. A person planning ahead can choose who will transport their body or remains to their resting place. If a loved one is chosen, then this should be discussed with a funeral director so that a transportation agent can be designated and appropriate permits and paperwork can be provided. Anyone faced with this issue should seek the guidance of a funeral director who has the knowledge and experience to provide the practical advice to plan for a peaceful journey to the final resting place. Advanced planning for burial /cremation after death is very important in order to avoid legal disputes that could arise after death.

This isn't an issue that has been highly litigated and therefore attorneys aren't necessarily the best experts to provide practical advice in this area. Furthermore, the states do not have uniform laws but rather they do vary from state to state. I have done some preliminary research in the Michigan Compiled Laws and list the preliminary findings below. More importantly, the Michigan Funeral Directors Association has valuable information to provide at its website as a starting point: Michigan Funeral Directors Association. DeathCare.com also has useful and apparently practical information to provide at its website: DeathCare.com.

MCL 52.210 of Act 181 County Medical Examiners provides that no funeral director, embalmer or any other person shall remove the body of any deceased person to a crematory or remove for the purpose of cremation such dead body from the county in which death occurred without the signed permit of the medical examiner for such county or his deputy. Any person who violates the provisions of this section is guilty of a misdemeanor and shall be imprisoned not more than 1 year, or fined not more than $500.00, or both.

MCL 333.2848 of Act 368 Public Health Code provides:
(1) Except as provided in sections 2844 and 2845, a funeral director or person acting as a funeral director, who first assumes custody of a dead body, not later than 72 hours after death or the finding of a dead body and before final disposition of the body, shall obtain authorization for the final disposition. The authorization for final disposition of a dead body shall be issued on a form prescribed by the state registrar and signed by the local registrar or the state registrar.

(2) Before final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director or person assuming responsibility for the final disposition of the fetus shall obtain from the parents, or parent in case of an unmarried mother, an authorization for final disposition on a form prescribed and furnished or approved by the state registrar. The authorization may allow final disposition to be by a funeral director, the individual in charge of the institution where the fetus was delivered, or an institution or agency authorized to accept donated bodies or fetuses under this code. After final disposition, the funeral director, the individual in charge of the institution, or other person making the final disposition shall retain the permit for not less than 7 years.

(3) If final disposition is by cremation, the medical examiner of the county in which death occurred shall sign the authorization for final disposition.

(4) A body may be moved from the place of death to be prepared for final disposition with the consent of the physician or county medical examiner who certifies the cause of death.

(5) A permit for disposition issued under the law of another state that accompanies a dead body or dead fetus brought into this state is authorization for final disposition of the dead body or dead fetus in this state.

MCL 339.1807 of Act 299 of 1988 Occupational Code provides:
(1) The holder of a license for the practice of mortuary science shall register with the office of the registrar of each city or village in which the owner intends to practice. A transportation permit shall not be issued by the local registrar to a person who has not filed a registration card. A local registrar may grant a transportation permit to the holder of a license for the practice of mortuary science coming from beyond the jurisdiction of the registrar, upon the exhibition of a copy of the license to the registrar.

(2) A railway agent, express agent, baggage master, or conductor shall not receive the dead body of a person for shipment or transportation by railway or other public conveyance, to or from a point in this state or to a point outside of this state, unless the body is accompanied by a removal or shipping permit.

(3) This article shall not prevent the shipment of a dead human body intended for use for an anatomical purpose within this state if that body is designated by the shipper as intended for use for an anatomical purpose.

MCL 750.160c of Act 328 of 1931 the Michigan Penal Code provides:
(1) A person shall not do any of the following:

(a) After agreeing to provide the services of a funeral director, fail or refuse to properly supervise the final disposition of that dead human body.

(b) After agreeing to provide for the final disposition of a dead human body, fail or refuse to properly dispose of that dead human body.

(2) A person who violates this section is guilty of a crime as follows:

(a) If the failure or refusal to properly supervise the final disposition of a dead human body or the failure or refusal to properly dispose of the dead human body occurs more than 60 days but not more than 180 days after the date the person takes possession of the dead human body, the person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $10,000.00, or both.

(b) If the failure or refusal to properly supervise the final disposition of a dead human body or the failure or refusal to properly dispose of the dead human body occurs more than 180 days after the date the person takes possession of the dead human body, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $50,000.00, or both.

(3) It is not a violation of this section if the failure or refusal is due to 1 or more of the following factors:

(a) Delays due to seasonal factors relating to the method of final disposition of the dead human body.

(b) Delays due to the availability of services required to complete the final disposition of the dead human body.

(c) The directives of the person having lawful authority over final disposition of the dead human body to postpone that disposition pending funeral services, the presence of certain family members, or other activities.

(d) Delays due to the inability to obtain the necessary authorizations regarding the method of final disposition of the dead human body or due to the inability to locate individuals essential to making a decision regarding the final disposition of the dead human body.

(e) Delays due to an autopsy, investigation of the cause of death, the gathering of evidence, or other activity or procedure required by a governmental or law enforcement agency.

(f) Delays pursuant to an order issued by a court of competent jurisdiction upon petition and showing of good cause for a delay in the final disposition of a dead human body.

(4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law that is committed by that person while violating this section.

(5) As used in this section, “final disposition of a dead human body” means cremation, burial, entombment, or other method of final disposition of a dead human body allowable under law.