Exhumation of a Body in U.S.: What You Need to Know

Exhumation—the process of removing human remains from a burial site—is a sensitive and regulated procedure in the United States. Governed primarily by state laws, it requires careful adherence to legal, health, and ethical standards. This guide provides an overview of the reasons for exhumation, legal requirements, associated costs, and answers to common questions.

In This Article

Reasons for Exhumation

Exhumation may be necessary for various reasons, including:

Legal Investigations: To gather evidence in criminal cases or resolve disputes regarding the cause of death.
Family Relocation: To move remains to a different cemetery, often closer to family members.
Cemetery Relocation: When a cemetery is closing or being relocated, necessitating the transfer of remains.
Cultural or Religious Practices: To comply with specific traditions or rituals that require reburial in a particular location.
Scientific Research: For historical or archaeological studies involving human remains.

Legal Requirements

Exhumation procedures are primarily regulated at the state level, with each state having its own set of laws and regulations. Common legal requirements include:

Permits: Obtaining a disinterment permit from the relevant state or local authority is typically mandatory.
Consent: Written consent from the next of kin or legal representatives of the deceased is usually required.
Court Orders: In certain situations, such as contested cases or legal investigations, a court order may be necessary.
Compliance with Health Regulations: Adherence to state and local health department regulations to ensure public safety during the exhumation process.

State-Specific Exhumation Requirements

Here are the exhumation requirements for all 50 states and below this table for U.S. territories.

State	Governing Authority	Key Requirements	Additional Information
Alabama	Alabama Department of Public Health	Disinterment Permit required; next of kin consent; compliance with local health regulations	Alabama Department of Public Health
Alaska	Alaska Department of Health	Requires written permission from next of kin and a permit from the state health authority	Alaska Division of Public Health
Arizona	Arizona Department of Health Services	Disinterment Permit required; must adhere to state cemetery and health regulations	Arizona Department of Health Services
Arkansas	Arkansas Department of Health	Requires a permit for disinterment and reinterment; next of kin consent required	Arkansas Department of Health
California	California Department of Public Health	Requires a Disinterment Permit; consent from next of kin; cemetery operator approval	California Department of Public Health
Colorado	Colorado Department of Public Health	Disinterment Permit required; next of kin approval; compliance with public health standards	Colorado Department of Public Health & Environment
Connecticut	Connecticut Department of Public Health	Disinterment Permit required; next of kin consent; compliance with cemetery regulations	Connecticut Department of Public Health
Delaware	Delaware Division of Public Health	Requires a permit for disinterment; written consent from next of kin	Delaware Health and Social Services
Florida	Florida Department of Health	Disinterment Permit required; cemetery approval; next of kin consent	Florida Department of Health
Georgia	Georgia Department of Public Health	Requires a Disinterment Permit; next of kin consent; compliance with state and local health codes	Georgia Department of Public Health
Hawaii	Hawaii Department of Health	Requires a Disinterment Permit and next of kin consent; follows strict public health guidelines	Hawaii Department of Health
Idaho	Idaho Department of Health and Welfare	Requires a Disinterment Permit; compliance with cemetery and public health regulations	Idaho Department of Health and Welfare
Illinois	Illinois Department of Public Health	Disinterment Permit required; next of kin consent; cemetery operator approval	Illinois Department of Public Health
Indiana	Indiana State Department of Health	Requires a Disinterment Permit; compliance with public health and cemetery regulations	Indiana Department of Health
Iowa	Iowa Department of Public Health	Requires a permit for disinterment; next of kin consent necessary	Iowa Department of Health and Human Services
Kansas	Kansas Department of Health and Environment	Disinterment Permit required; cemetery and next of kin approval necessary	Kansas Department of Health and Environment
Kentucky	Kentucky Department for Public Health	Requires written permission from next of kin and a Disinterment Permit	Kentucky Department for Public Health
Louisiana	Louisiana Department of Health	Requires a Disinterment Permit and compliance with cemetery regulations	Louisiana Department of Health
Maine	Maine Center for Disease Control and Prevention	Requires written consent from next of kin and a Disinterment Permit	Maine CDC
Maryland	Maryland Department of Health	Disinterment Permit required; next of kin and cemetery operator approval	Maryland Department of Health
Massachusetts	Massachusetts Department of Public Health	Requires written consent from next of kin and a Disinterment Permit	Massachusetts Department of Public Health
Michigan	Michigan Department of Health and Human Services	Disinterment Permit required; next of kin and cemetery operator approval	Michigan DHHS
Minnesota	Minnesota Department of Health	Disinterment Permit required; compliance with public health and cemetery regulations	Minnesota Department of Health
Mississippi	Mississippi State Department of Health	Requires a Disinterment Permit and written consent from next of kin	Mississippi State Department of Health
Missouri	Missouri Department of Health and Senior Services	Requires a permit and compliance with cemetery and health regulations	Missouri DHSS
Montana	Montana Department of Public Health	Requires a Disinterment Permit; next of kin consent; adherence to cemetery and health regulations	Montana DPHHS
Nebraska	Nebraska Department of Health and Human Services	Disinterment Permit required; next of kin consent necessary	Nebraska DHHS
Nevada	Nevada Division of Public and Behavioral Health	Disinterment Permit required; next of kin and cemetery approval required	Nevada DPBH
New Hampshire	New Hampshire Department of Health and Human Services	Requires a Disinterment Permit and next of kin consent	New Hampshire DHHS
New Jersey	New Jersey Department of Health	Requires a Disinterment Permit; next of kin approval necessary	New Jersey Department of Health
New Mexico	New Mexico Department of Health	Requires a Disinterment Permit; adherence to public health and cemetery regulations	New Mexico Department of Health
New York	New York State Department of Health	Requires a Disinterment Permit; next of kin consent; compliance with local health and cemetery rules	New York State DOH
North Carolina	North Carolina Department of Health and Human Services	Requires a permit and written consent from next of kin	North Carolina DHHS
North Dakota	North Dakota Department of Health	Disinterment Permit required; next of kin consent and cemetery operator approval	North Dakota Department of Health
Ohio	Ohio Department of Health	Requires a Disinterment Permit; next of kin consent and cemetery approval necessary	Ohio Department of Health
Oklahoma	Oklahoma State Department of Health	Requires a permit and next of kin consent; compliance with public health standards	Oklahoma State Department of Health
Oregon	Oregon Health Authority	Disinterment Permit required; cemetery and next of kin approval required	Oregon Health Authority
Pennsylvania	Pennsylvania Department of Health	Requires a Disinterment Permit and written consent from next of kin	Pennsylvania DOH
Rhode Island	Rhode Island Department of Health	Requires a Disinterment Permit and next of kin consent	Rhode Island Department of Health
South Carolina	South Carolina Department of Health and Environmental Control	Requires a permit and compliance with cemetery and health regulations	South Carolina DHEC
South Dakota	South Dakota Department of Health	Requires a Disinterment Permit and next of kin approval	South Dakota Department of Health
Tennessee	Tennessee Department of Health	Disinterment Permit required; cemetery and next of kin approval	Tennessee Department of Health
Texas	Texas Department of State Health Services	Requires a Disinterment-Reinterment Permit; next of kin and cemetery approval	Texas DSHS
Utah	Utah Department of Health and Human Services	Requires a Disinterment Permit; adherence to health and cemetery standards	Utah DHHS
Vermont	Vermont Department of Health	Disinterment Permit required; next of kin and cemetery approval necessary	Vermont Department of Health
Virginia	Virginia Department of Health	Requires a Disinterment Permit and, in many cases, a court order	Virginia Department of Health
Washington	Washington State Department of Health	Requires a Disinterment Permit; next of kin and cemetery operator approval	Washington State Department of Health
West Virginia	West Virginia Department of Health and Human Resources	Requires a Disinterment Permit and next of kin consent	West Virginia DHHR
Wisconsin	Wisconsin Department of Health Services	Requires a Disinterment Permit; compliance with cemetery and public health regulations	Wisconsin DHS
Wyoming	Wyoming Department of Health	Requires a Disinterment Permit and next of kin consent	Wyoming Department of Health

Exhumation Requirements for U.S. Territories

Here are the exhumation requirements for U.S. territories with links to government resources for additional information.

Territory	Governing Authority	Key Requirements	Additional Information
American Samoa	American Samoa Department of Health	Requires written permission from next of kin and a Disinterment Permit; adherence to public health regulations	American Samoa Department of Healt h
Guam	Guam Department of Public Health and Social Services	Disinterment Permit required; compliance with local cemetery and public health standards	Guam Department of Public Health and Social Services
Northern Mariana Islands	Commonwealth Healthcare Corporation	Requires written consent from next of kin and a permit issued by the local Department of Health	Commonwealth Healthcare Corporation
Puerto Rico	Puerto Rico Department of Health	Disinterment Permit required; next of kin approval; compliance with public health and cemetery regulations	Puerto Rico Laws
U.S. Virgin Islands	Virgin Islands Department of Health	Requires a Disinterment Permit and written consent from next of kin; adherence to local cemetery and health regulations	Virgin Islands Department of Health

Cost of Exhumation

The cost of exhumation varies based on factors such as location, complexity, and additional services required. Typical expenses may include:

Permit Fees: Costs associated with obtaining necessary permits.
Labor and Equipment: Expenses for professional services to perform the exhumation.
Transportation: Costs for transporting remains to a new location if reinterment is planned elsewhere.
Reinterment or Cremation: Fees for reburial or cremation services.
Legal Fees: If legal assistance or court orders are required, additional legal costs may be incurred.

It’s advisable to consult with funeral professionals and legal advisors to obtain accurate estimates based on specific circumstances.

Exhumation Process

The exhumation process generally involves the following steps:

Application for Permits: Submitting the necessary applications to obtain required permits from state or local authorities.
Obtaining Consent: Securing written consent from the next of kin or legal representatives.
Coordination with Cemetery Officials: Working with cemetery management to plan the exhumation.
Compliance with Health Regulations: Ensuring all procedures meet health and safety standards.
Exhumation and Handling of Remains: Professionals conduct the exhumation, after which remains are prepared for reinterment or other specified purposes.

Engaging experienced professionals and consulting with legal authorities is crucial to navigate this complex process.

Frequently Asked Questions About Exhumation in the U.S.

Here are frequently questions answered about exhumation in the U.S.

Is exhumation legal in the United States?

Yes, exhumation is legal but is subject to strict regulations that vary by state. (See table above.) Obtaining the appropriate permits and consents is essential.

What permits are required for exhumation?

Typically, a disinterment permit from the state or local health department is required. Additional permits may be necessary depending on the jurisdiction.

Yes, written consent from the next of kin or legal representatives is generally required. In cases of dispute, a court order may be necessary.

Are there health regulations to consider during exhumation?

Absolutely. State and local health departments have regulations to ensure public safety during the exhumation process.

Can exhumed remains be reinterred in a different state?

Yes, but transporting remains across state lines requires compliance with both states’ regulations and may involve additional permits. Check with your funeral director.

What are the costs associated with exhumation?

Costs vary but can include permit fees, labor, transportation, reinterment or cremation fees, and potential legal expenses. Expect costs of $3,000 to $10,000.

How long does the exhumation process take?

The exhumation process in the U.S. typically takes several weeks to a few months, depending on legal, administrative, and environmental factors. Permits and notifications may require weeks or months, while the physical exhumation usually takes a few hours to a day. Additional time may be needed for transporting, reburial, or forensic examination, which can extend the timeline further.