What You Don't Have to Buy From a Funeral Home

A funeral home must let you choose only the goods and services you want. You pay only for those, except for the basic services fee (which covers the home’s general overhead and cannot be declined) and anything a law, cemetery, or crematory actually requires. When something is required, the home must explain the reason in writing on your itemized statement. That is your right under a federal rule, and it holds whether the arrangements are simple or elaborate.

This guide walks through the common questions—embalming, whether you need a casket for cremation, buying a casket elsewhere, and getting prices over the phone or on a General Price List—one at a time, so you can read at your own pace.

Key rights at a glance

• Choose individual items and services instead of a bundled package
• Get accurate prices by phone without giving your name, address, or telephone number first
• Receive a written General Price List to keep when you discuss arrangements in person
• Decline embalming in most situations
• Use an alternative container instead of a casket for direct cremation
• Bring a casket you bought elsewhere with no handling fee

The Funeral Rule (16 CFR Part 453) is a federal rule, enforced by the Federal Trade Commission (FTC), and it applies to funeral providers across the United States. It exists so that families can compare and choose, even when they are tired and grieving.

Here is what it means for you:

• You may choose individual items and services instead of a bundled package.
• The funeral home must give you a written General Price List to keep.
• If you call and ask about prices, it must give them to you over the phone.
• The home must give you an itemized statement of what you selected before you pay.

The FTC’s consumer guidance page on funerals explains the rule in everyday language. This article is general information, not legal advice.

In most situations, no. Except in certain special cases, embalming is not required by law, and a funeral home may not tell you it is required when it isn’t.

A funeral home cannot charge you for embalming unless you have approved it, or a state or local law requires it. The General Price List must disclose that embalming is not required by law except in certain special cases, and that it may be necessary if you select certain arrangements, such as a funeral with viewing. A home may require embalming as its own policy for an open-casket viewing, but it must not claim this is the law, and it must obtain your permission before embalming.

You can also ask what else they offer. Refrigeration, or a closed-casket service, may be an alternative.

No. No law requires a casket for cremation.

For direct cremation (cremation without a viewing or ceremony with the body present), a crematory may require a rigid, combustible container. These alternative containers are usually simpler and less costly than a casket. A funeral home that offers direct cremation must make an unfinished wood box or another alternative container available, so that is what to ask for.

If you would like a viewing or a service before the cremation, ask what the funeral home offers. Some rent caskets for this purpose. Whatever you are considering, ask for the container choices and their prices in writing, so you can look at them away from the counter.

State law generally does not require a vault or outer burial container. The requirement usually comes from the cemetery.

Many cemeteries have their own rules asking for a grave liner or vault so the ground stays level as it settles. That is the cemetery’s policy, not a law. It still matters, because you will need to follow it if you choose that cemetery.

Three steps can help:

1. Ask the cemetery for its requirement in writing.
2. Ask whether a basic liner meets it, or whether a more costly vault is needed.
3. Remember that funeral providers must tell you that, where it applies, a container may not be required by law.

Yes. A funeral home must agree to use a casket you bought elsewhere.

It cannot refuse, and it cannot charge you a fee for using it. You can buy from another retailer or an online seller. The funeral home may not require you to be present when the casket is delivered.

To compare, set the funeral home’s casket price list beside the other seller’s listings. Cemeteries and crematories have their own rules about containers, so ask them as well before you order anything.

When you call a funeral home and ask about prices, it must give you the information over the phone. You don’t have to give them your name, address, or telephone number first.

In person, you must be handed the General Price List to keep when you begin talking about arrangements or prices. Funeral homes must also give you a casket price list and an outer burial container price list, when they offer those items.

Before you pay, the home must also give you an itemized statement of the goods and services you chose, with the total cost. The statement must show that charges are only for the items you selected or that are required, and it should explain in writing any charges required by law, the cemetery, or the crematory.

A few steps can make this easier:

1. Call two or three providers.
2. Ask each one the same questions—especially the price for direct cremation and the basic services fee—and write down the numbers you hear.
3. Compare them later, when you are rested and not in the room.
4. Before you sign, check the itemized statement against your notes.
5. Ask the home to put any claimed requirement in writing on the itemized statement, with the reason.

There is no need to apologize for asking. Families are allowed to compare.

Saying no is easier with words ready. You might try:

• “Could you show me which of these items are required, and by what law or policy?”
• “Could you put that requirement in writing on the itemized statement, with the reason?”
• “We’ll take only the items we’ve chosen from the price list.”

If you can, bring a friend or relative to the meeting. You may not want to decide alone, and a second person can take notes while you listen.

If you believe a provider has broken the rule, you can file a complaint with the FTC at ReportFraud.ftc.gov. For your state, look for the state’s funeral board or licensing agency for funeral directors, or the consumer protection division of the state attorney general’s office. Fees and rules can change, so see the FTC’s consumer guidance page on funerals for current details.

Does the Funeral Rule apply if I arrange everything by phone or online?

The rule covers funeral providers, not a particular way of arranging things. When you ask by phone, the home must give you accurate price information, along with other readily available information that answers your question. The rule does not require a home to post its prices online, so a missing website price list is not a violation. Keep notes on who you spoke with and what they said, and ask for the written price list as well.

Can a funeral home charge a fee for a casket I bring in?

No. It cannot charge a handling fee or similar charge for a casket you bought elsewhere. If an itemized statement shows one, ask the staff to explain it and, if the answer is unclear, consider contacting your state’s funeral regulator.

Are there things a funeral home can legitimately require me to pay for?

Yes. A basic services fee is one example, since it covers the home’s general overhead and is not something you can decline. Charges for items that a law or the provider’s own stated policy requires may also apply, and the price list and itemized statement should show which is which.

What if the cemetery says I need a vault but the funeral home says I don’t?

Both may be telling you the truth. The funeral home may be speaking about the law, and the cemetery about its own policy. Ask the cemetery to put its requirement in writing, since that is the rule you would be following.

Is it rude to compare prices between funeral homes?

No. Funeral homes are required to give prices by phone because comparing is expected. Asking questions says nothing about how much you valued the person who died.

Does the Funeral Rule cover cemeteries and crematories?

Not in the same way. The rule is aimed at businesses that sell both funeral goods and funeral services, so a cemetery or crematory that sells neither may fall outside it. Ask each one for its own rules and prices directly.

What should I do if I have already signed a contract and now have questions?

Start by reading the itemized statement and the contract, and mark anything you did not expect. Then call the funeral home and ask about each item in plain terms. If you still have concerns, you can contact your state’s funeral regulator or the FTC to ask what options you have. Cancellation terms differ, so check them rather than assume.

How much does direct cremation cost?

Prices vary widely by location and provider. The practical way to find out is to call two or three funeral homes and ask each for its price for direct cremation and its basic services fee, using the same wording. Write the numbers down and compare them when you are not under pressure.