Funeral Laws In Giles County, Tennessee: What You Need Know

Tennessee has specific laws and regulations that govern funerals, embalming, and burial procedures. These laws outline the rights and responsibilities of individuals and funeral service providers in Giles County and across the state. For instance, while Tennessee doesn't mandate the involvement of a licensed funeral director, certain procedures, such as obtaining a death certificate and permit for transportation, must be followed. Additionally, the state has no embalming requirements, and individuals have the freedom to choose whether to use a casket for burial or cremation. Understanding these laws is crucial for ensuring that funeral arrangements are made in accordance with legal requirements and that the rights of the deceased and their loved ones are protected.

Burial on private property

While there are no state laws in Tennessee prohibiting burial on private property, local governments may have rules governing private burials. Before burying a body on private land, check with the town or county clerk and the local health department for any zoning laws or other rules you must follow.

If you do bury a body on private land, you should draw a map of the property showing the burial ground and file it with the property deed so that the location is clear to others in the future. Tennessee state law protects family burial grounds from disturbance or development, provided that the deed to the property indicates the presence of gravesites.

In Giles County, Tennessee, it is important to contact the relevant local authorities to understand any specific regulations or requirements that may apply to burials on private property.

Death certificates

In Giles County, Tennessee, death certificates are an important component of funeral laws and processes. Here is an overview of the key information regarding death certificates in Tennessee:

Obtaining a Death Certificate

To obtain a death certificate in Tennessee, the death must first be certified by an authorised individual. The funeral director, medical examiner, or attending physician is responsible for filing the death certificate with the Office of Vital Records. This must be done within five days of the death and before the final disposition of the body. The deceased's doctor, physician assistant, or medical examiner must supply the date, time, and cause of death within 48 hours of the death.

If the death was not due to natural causes, the case is referred to the county medical examiner for completion of the medical certification. If the cause of death cannot be determined within 48 hours, the physician or medical examiner must inform the funeral director, and the body cannot be buried or cremated until approval is given.

Who Can Order a Death Certificate?

In Tennessee, access to death certificates is restricted. A certified copy of the death certificate, including the cause of death, can only be issued to specific individuals and organisations. This includes:

• The deceased person's spouse, child, parent, or other next of kin.
• An authorised representative acting on behalf of the above individuals.
• A person who can demonstrate that the cause of death is necessary to establish a legal right or claim.
• An organisation providing benefits to the deceased's beneficiaries.
• A local, state, or federal agency requiring the death certificate for research or administrative purposes.
• A person conducting research approved by the state registrar.

Fees and Identification Requirements

Each certified copy of a Tennessee death certificate costs $15. To order copies, individuals must provide acceptable identification or sign and notarise their application.

Number of Copies Needed

It is recommended to obtain multiple copies of the death certificate, as they are necessary for various administrative tasks. For example, a certified copy is required when claiming property or benefits that belonged to the deceased, such as life insurance proceeds, Social Security benefits, payable-on-death accounts, and veterans' benefits. If acting as the executor of the estate, it is advisable to request at least 10 certified copies.

Funeral directors

In Giles County, Tennessee, funeral directors are not required by law to be involved in making or carrying out final arrangements. However, if you do engage a funeral director, there are laws that govern their practice.

Embalming

In Giles County, Tennessee, there are no laws or regulations requiring embalming. This means that embalming is not mandatory for funerals or burials in the county. Tennessee Code § 62-5-102 (2024) specifically states that statutes concerning funeral directors and embalmers do not prevent or interfere with "families, friends or neighbours of deceased persons who prepare and bury their dead without charge."

However, it is important to note that funeral homes and burial services in Tennessee must comply with state laws and regulations to maintain their licenses. These laws and regulations include those pertaining to the Board of Funeral Directors and Embalmers, which can be found in Title 62, Chapter 5 of the Tennessee Code Annotated.

Additionally, when planning a funeral in Tennessee, it is essential to shop around and compare prices from multiple funeral homes. Funeral homes are required by law to provide a General Price List for retention and to display a Casket Price List and Outer Burial Container Price List upon request. It is also important to be aware of your rights as a consumer and understand which goods or services are required by law or cemetery regulations and which are optional.

Cremation laws

Tennessee does not require the involvement of a licensed funeral director in making or carrying out final arrangements. However, some crematories mandate the use of a funeral director to arrange the cremation. If you prefer not to use a funeral director, ensure the crematory is willing to accept the body directly from the family.

In Tennessee, a cremation permit is required. The law requires funeral homes to provide a General Price List for retention and show a Casket Price List and Outer Burial Container Price List to anyone who asks in person about services or merchandise. You are free to purchase the urn from any funeral director or other supplier.

Tennessee has no embalming requirements, and state law does not specify a time frame within which you must cremate the body. Refrigeration or dry ice can usually preserve a body for a short time.

There are no state laws in Tennessee that control where an individual may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or container at home. If you wish to scatter ashes, you have many options, including scattering gardens in cemeteries, private land (with permission), public land, federal land (with permission), at sea (with notification to the EPA within 30 days), inland waters (with a permit), or by air (after removing the ashes from their container).

Frequently asked questions