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?
- Buy only the goods and services you want; you do not have to accept a package [1].
- Get price information by phone, without giving your name [1].
- Get a general price list (GPL) to keep when you ask about arrangements in person [2].
- See a casket price list before you see caskets, and an outer burial container price list [2].
- Get an itemized written statement of what you chose, with the total, before you pay [2].
- Use an alternative container instead of a casket for cremation [1].
- Supply your own casket or urn, with no fee for using it [1].
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?
- No cremation within 48 hours of death, unless the death was from a contagious or infectious disease [5].
- A medical examiner must view the body and authorize cremation; the person who receives the certificate pays its fee [6].
- Crematories require a rigid container [3].
- Cremated remains may be buried at sea no closer than three nautical miles from land, under federal rules [4].
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
What is the FTC Funeral Rule?
A federal rule (16 CFR Part 453) that lets you buy only the funeral goods and services you want, get prices by phone, and get itemized price lists, including a general price list you can keep.Do Massachusetts funeral homes have to post prices online?
No. Massachusetts does not require online pricing. The FTC Funeral Rule requires price information by phone and a printed general price list in person.Can a funeral home charge me for using a casket I bought elsewhere?
No. A funeral home must accept a casket or urn you bought elsewhere and cannot charge a fee for using it.Is there a cooling-off period for a pre-need funeral contract in Massachusetts?
Yes. Mass.gov describes a 10-day cooling-off period, and payments go to a bank trustee or insurer rather than the funeral home.Who regulates cemeteries in Massachusetts?
Cemeteries are not regulated by the Board of Registration in Embalming and Funeral Directing. Mass.gov directs cemetery concerns to the local board of health.
Sources
- FTC: The FTC Funeral Rule (consumer rights)
- 16 CFR Part 453: Funeral Industry Practices (eCFR)
- Mass.gov: Funeral directors consumer fact sheet
- Mass.gov Law Library: Massachusetts law about burial, cremation, and funerals
- MGL c.114 §44: Cremation of bodies
- 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.
Related
- Cremation cost in Massachusetts
- Burial vs cremation cost in Massachusetts
- What to do when someone dies in Massachusetts
- Veterans burial in Massachusetts
- Green burial in Massachusetts
- How to read a funeral home general price list (GPL)
- Browse funeral homes and cemeteries by town
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.
