A burial transit permit is the legal document that authorizes the transportation and final disposition of a deceased person’s remains. Every state requires one before a body can be buried, cremated, entombed, or moved across jurisdictions, and in most cases the funeral director handling the arrangements obtains it from the local registrar once the death certificate has been certified.
What the Permit Authorizes
The document does two things families care about. It confirms that a qualified person has certified the cause of death and that the death is officially recorded, and it grants legal permission to transport the body and dispose of the remains in the manner the family has chosen. Without it, cemeteries, crematories, and common carriers like airlines will not accept the body.
The federal Model State Vital Statistics Act, which most states use as the template for their own laws, calls the document an “authorization for final disposition” and requires that it be obtained before any burial, cremation, or other disposition takes place.1Centers for Disease Control and Prevention. Model State Vital Statistics Act and Regulations You may see it called a disposition permit, removal permit, or simply a burial permit depending on the state. They all do the same job.
When You Need One
Almost always. A permit is required before any final disposition of remains, whether that means burial in a cemetery, cremation, entombment in a mausoleum, or donation to a medical institution. Under the Model Act, no person in charge of a place of final disposition may accept a body without an accompanying authorization.1Centers for Disease Control and Prevention. Model State Vital Statistics Act and Regulations
Cremation usually triggers an extra step. Under the Model Act and most state laws, cremation requires separate authorization from a medical examiner or coroner on top of the standard disposition permit.1Centers for Disease Control and Prevention. Model State Vital Statistics Act and Regulations Cremation is irreversible and destroys evidence, so the cause of death has to be confirmed beyond the attending physician’s certification.
Interstate transport works through the same document. When a body crosses state lines, the permit issued in the state of death travels with the remains and serves as legal authority for disposition in the receiving state. A handful of states also require embalming for interstate transport, though most accept refrigeration as an alternative.
How to Get a Burial Transit Permit
For most families, the answer is that the funeral director handles it. The Model Act places responsibility on the funeral director or “person acting as such” who first takes custody of the body.1Centers for Disease Control and Prevention. Model State Vital Statistics Act and Regulations That person collects the information, gets the death certificate completed, and obtains the disposition authorization before anything else happens.
The sequence is predictable. The funeral director gathers personal and statistical information about the deceased from a knowledgeable family member. That information goes onto the death certificate, which the funeral director then presents to the attending physician, medical examiner, or coroner for certification of the cause of death. Once the cause of death is certified and the death certificate is filed with or accepted by the local registrar, the disposition permit can be issued.
Who actually signs and issues the permit varies by jurisdiction. In some places, the local registrar or health department issues it. In others, funeral directors themselves are authorized to issue the permit once the death certificate is complete. A small fee is typically charged, generally under $25, with the exact amount depending on the local office.
Timing depends entirely on how quickly the cause of death is certified. For expected deaths where the cause is clear, the death certificate and disposition permit can be completed within 24 to 48 hours. When a death requires investigation, autopsy, or toxicology, the process can take weeks. Many jurisdictions allow a provisional certificate of death to be filed in the interim, which may authorize possession and transport of the body while the final cause of death is still pending, though cremation is typically excluded from provisional authorizations.
Handling It Without a Funeral Director
Most states allow families to care for their own dead and arrange burial without hiring a funeral director. Someone still has to work the permit process. In states that permit family-directed burials, a family member can step into the role the law describes as “person acting as such” and take responsibility for obtaining the death certificate, filing it with the local registrar, and securing the disposition permit.
The paperwork moves quickly when a funeral director with established relationships handles it. A family member doing it for the first time will need to coordinate directly with the attending physician for cause-of-death certification, then work with the local vital records office for permit issuance. Some jurisdictions have online electronic death registration systems that streamline the process, but access often requires credentials that only licensed funeral professionals hold.
If you are considering a family-directed burial, contact your local registrar or health department before the death occurs if possible. They can tell you exactly what forms are required, whether the family member needs to appear in person, and how long the process takes in that jurisdiction.
Cremated Remains Follow Different Rules
Ashes are treated differently from intact remains. Most jurisdictions do not require a burial transit permit to move cremated remains from place to place. Specific carrier rules apply depending on how you plan to move them.
Shipping by Mail
The United States Postal Service is the only mail carrier that accepts cremated remains. UPS and FedEx do not. USPS requires that all shipments of cremated remains use Priority Mail Express service exclusively.2United States Postal Service. Shipping Cremated Remains and Ashes Senders must use either the official Priority Mail Express Cremated Remains box or their own sturdy container, and an orange Label 139 (“Cremated Remains”) must be affixed to all four sides of the package, including the top and bottom.3United States Postal Service. New Shipping Process for Cremated Remains USPS offers a ready-made Cremated Remains Kit that includes the approved box, tape, a sealable plastic bag, bubble cushioning, and packaging instructions.
Flying With Ashes
TSA allows cremated remains in both carry-on and checked bags, but the container must be made of a material that X-ray machines can see through. Wood, plastic, cardboard, and non-lead ceramics all work. Metal urns and containers made of dense material produce an opaque X-ray image, and TSA officers will not clear them through the checkpoint. TSA will not open a cremation container even if the passenger requests it.4Transportation Security Administration. Cremated Remains Some airlines also prohibit cremated remains in checked luggage, so confirm your airline’s policy before heading to the airport.
Bringing Remains Into the United States
Importing human remains from another country involves federal requirements on top of whatever the receiving state demands, so a state-issued burial transit permit alone does not cover an international arrival. The CDC requires that non-cremated, non-embalmed remains entering the United States be accompanied by a death certificate stating the cause of death.5Centers for Disease Control and Prevention. Importation of Human Remains into the U.S. for Burial, Entombment, or Cremation If the death certificate is not in English, it must include an English translation, and a notary or equivalent official from the country of death must attest to its authenticity.
When a death certificate is unavailable, the U.S. embassy or consulate in the country of death can provide substitute documentation: a Consular Mortuary Certificate, an Affidavit of Foreign Funeral Director, and a Transit Permit.5Centers for Disease Control and Prevention. Importation of Human Remains into the U.S. for Burial, Entombment, or Cremation All non-cremated remains must arrive in a leak-proof container.
If the person died from an infectious disease and the remains have not been embalmed or cremated, a separate CDC import permit is required. Families or funeral directors can apply by calling the CDC Emergency Operations Center at 770-488-7100 or emailing importpermit@cdc.gov.5Centers for Disease Control and Prevention. Importation of Human Remains into the U.S. for Burial, Entombment, or Cremation
No CDC permit is needed for remains that have already been cremated, embalmed, or that consist entirely of clean dry bones, hair, teeth, or nails.5Centers for Disease Control and Prevention. Importation of Human Remains into the U.S. for Burial, Entombment, or Cremation You will still need to satisfy the receiving state’s disposition permit requirements once the remains arrive.
Moving Remains That Are Already Buried
Disinterment is a separate authorization, not something a standard burial transit permit covers. The Model State Vital Statistics Act provides that a disinterment and reinterment authorization must be obtained before a buried body is exhumed, and that it should be issued by the state registrar to a licensed funeral director.1Centers for Disease Control and Prevention. Model State Vital Statistics Act and Regulations Families cannot hire an excavation crew and relocate a grave on their own.
The typical process requires written consent from the next of kin, often following a specific hierarchy: surviving spouse first, then adult children, parents, and siblings. If the required relatives cannot be located or refuse to consent, a court order is generally needed. The cemetery or plot owner may also need to provide written permission. Once issued, the disinterment permit serves as authority to exhume, transport, and reinter the remains at the new location. If the new location is in a different state, a standard burial transit permit for the receiving jurisdiction will likely be required as well.
What Happens If You Skip the Permit
Attempting to transport or dispose of remains without the proper authorization is a violation of state vital statistics law. Practical consequences vary by jurisdiction and can include misdemeanor criminal charges, fines, and civil liability. Cemeteries and crematories will refuse to accept a body that arrives without documentation, which leaves the remains in limbo at significant cost and emotional toll to the family.
The more common problem is delay, not defiance. If the death certificate has not been completed because the cause of death is under investigation by a medical examiner or coroner, the disposition permit cannot be issued, and the body cannot be buried or cremated until it is. In those situations, the funeral home holds the remains under refrigeration, and the medical examiner’s office should provide a timeline. Funeral homes typically absorb a few days of storage, but extended delays can produce additional charges.