Funeral laws

Massachusetts funeral laws and the FTC Funeral Rule

Updated · 6 cited sources

In short: the FTC Funeral Rule lets you buy only what you want and see itemized prices first. Massachusetts adds its own rules: embalming is usually optional, cremation waits 48 hours and needs a medical examiner's certificate, and the signed Statement of Goods and Services is your contract.

What are your rights under the FTC Funeral Rule?

Read the GPL line by line with how to read a general price list.

Is embalming required in Massachusetts?

No, except in specific circumstances. You can decline it in writing unless public health rules require it; refrigeration, direct cremation, and immediate burial are alternatives [3].

What are the Massachusetts rules for cremation?

Costs: cremation cost in Massachusetts and direct cremation.

What do Massachusetts rules say about caskets?

Funeral homes must accept a casket bought elsewhere with no fee, and state law allows renting a casket for the services when cremation follows [3].

Who has the right to make arrangements?

The priority order is the surviving spouse, adult children, parents, adult siblings, a guardian, then others [4].

What about pre-need (prepaid) funeral contracts?

Mass.gov describes a 10-day cooling-off period; payments are made to a bank trustee or insurer, not to the funeral home; and buyers receive the state Buyer's Guide [3].

Who regulates funeral homes and cemeteries?

Funeral homes and funeral directors are licensed by the Board of Registration in Embalming and Funeral Directing; you can check a license on Mass.gov. In Massachusetts, cemeteries and crematories are separate from funeral establishments, cemeteries are not regulated by the Board, and Mass.gov directs cemetery concerns to the local board of health [3]. Cemetery charges are explained in cemetery fees.

Do funeral homes have to post prices online?

No. Massachusetts does not require online pricing [3]. That is why Arrangement File collects the price lists homes do publish, with the source and date on every line. See Massachusetts funeral prices.

Frequently asked questions

Sources

  1. FTC: The FTC Funeral Rule (consumer rights)
  2. 16 CFR Part 453: Funeral Industry Practices (eCFR)
  3. Mass.gov: Funeral directors consumer fact sheet
  4. Mass.gov Law Library: Massachusetts law about burial, cremation, and funerals
  5. MGL c.114 §44: Cremation of bodies
  6. MGL c.38 §14: Medical examiner certificate for cremation

This guide is general information, not legal advice. Laws, benefits, and fees change; check the source before you rely on a figure.

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Last reviewed: 2026-10-28. If a posted figure looks wrong, check it against the source named on the row. Arrangement File records what a source printed, or marks the row blank. How we cite.