When someone dies
What to do when someone dies in Massachusetts
Updated · 7 cited sources
In short: when someone dies in Massachusetts, the death is pronounced, the person with the legal right to decide chooses a funeral home, and the funeral director files the death certificate and gets the permit for burial or cremation. You can compare prices first; you only pay for what you choose.
1. Who should be called first?
If the death was expected and hospice was involved, call the hospice. If it was sudden or unattended, call 911. A death that needs investigation goes to the Office of the Chief Medical Examiner, which does not issue death certificates [5].
2. Who has the right to make the arrangements?
Massachusetts regulations set a priority order for who controls the arrangements: the surviving spouse, then adult children, then parents, then adult siblings, then a guardian, then others [1]. Check whether the person left written wishes or a pre-need contract with a funeral home.
3. How do you choose a funeral home?
You do not have to use the first home you call. Funeral homes must give prices by phone, without your name, and must give you a general price list (GPL) to keep when you ask in person [3] [7]. Compare the same line at each home: direct cremation, immediate burial, or basic services. Read how to read a GPL, or find funeral homes by town.
4. Burial or cremation?
- Embalming is not required except in specific circumstances; you can decline it in writing [2].
- Cremation cannot happen within 48 hours of death (unless the death was from a contagious or infectious disease) and needs a medical examiner's certificate [4].
- Burial needs a cemetery. In Massachusetts, cemeteries are separate from funeral homes and bill separately [2].
See burial vs cremation costs and cremation cost in Massachusetts.
5. What paperwork does the funeral director handle?
The funeral director usually files the death certificate and obtains the burial or cremation permit. Certified copies come from the clerk of the city or town where the death occurred; the funeral director can order them for the closest legal next of kin [5]. Banks, insurers, and benefit offices each may ask for one.
6. What should you sign?
At the end of the arrangement conference, the home must give you an itemized statement of the goods and services you chose, with cash-advance items and the total [7]. In Massachusetts, that signed Statement of Goods and Services is your contract [2]. Read it before you sign.
7. Is there help with the cost?
- Veterans may be eligible for burial in a national or state veterans cemetery and for other benefits [6]. See veterans burial in Massachusetts.
- The Department of Transitional Assistance can help with funeral and burial costs for some low-income families; Mass.gov lists it among the programs that may help [2].
Your rights in detail: Massachusetts funeral laws and the FTC Funeral Rule.
Frequently asked questions
Who has the right to make funeral arrangements in Massachusetts?
Massachusetts funeral regulations set a priority order: the surviving spouse, then adult children, then parents, then adult siblings, then a guardian, then others. The Mass.gov Law Library cites 239 CMR 3.09(c).Is embalming required in Massachusetts?
No, except in specific circumstances. You can decline embalming in writing unless public health rules require it. Refrigeration, direct cremation, and immediate burial are alternatives.Where do I get copies of a death certificate in Massachusetts?
From the clerk of the city or town where the death occurred. The funeral director can also get copies for the closest legal next of kin.Can I compare funeral home prices before choosing one?
Yes. Funeral homes must give prices by phone and must give you a general price list when you ask in person. Arrangement File shows posted Massachusetts price lines with their sources.
Sources
- Mass.gov Law Library: Massachusetts law about burial, cremation, and funerals
- Mass.gov: Funeral directors consumer fact sheet
- FTC: The FTC Funeral Rule (consumer rights)
- MGL c.114 §44: Cremation of bodies
- Mass.gov: How to obtain a death certificate
- U.S. Department of Veterans Affairs: Burial and memorial benefits
- 16 CFR §453.2: Funeral Rule price disclosures
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
- Massachusetts funeral laws and the FTC Funeral Rule
- 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.
