Recommendations for Completing Paperwork
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Completing the Death Certificate
Home Funerals Led by Next-of-Kin
Families in Vermont may care for their own dead from death to disposition (18 V.S.A. § 5207). Immediate family members of the deceased are not prohibited from providing for the care, preparation, or disposition of human dead bodies (26 V.S.A § 1211(b)3). Embalming is primarily a cosmetic procedure and is not required by law. This includes cleansing, dressing, and casketing or shrouding in the home; sheltering in place in the home; filing the Preliminary Report of Death (also found here) through the Town Clerk where the person died or with the Department of Vital Records; transporting the deceased after obtaining a transit permit from same; making arrangements for burial or cremation; or burying on private property.
Obtaining and Filling Out the Preliminary Report of Death:
Getting the Death Certificate Signed by a Medical Authority
If the body must be moved from a hospital, hospice, care facility, or medical examiner’s office, the PROD must be filed and a burial/transit permit obtained prior to removal. In addition, these institutions may have their own policies regarding body removal protocol, so check as well in advance as possible to ensure a smooth transition from institutional care.
Filing the PROD and Obtaining Burial/Transit Permit
While there are precise steps for completing paperwork without hiring a funeral director, they are, in most cases, no more daunting than any other form filing. The information required for the demographic portion is personal individual and family history, all of which will have to be located by the family anyway and then conveyed to a funeral director if the family chooses to hire one to fill it in for them. There is no cost to filing by families.
Steps regarding death certificates and transit/burial permits:
Burial/Transit Permit
A burial/transit permit will be generated by the Town Clerk or Department of Vital Records personnel once the electronic report has been filed. This form enables the family (if named on the form) to transport the body home, to a church or other space, and to the crematory or cemetery. The cemetery authority will sign the form, which must then be filed with the Town Clerk by the 10th day of the month following disposition. Make copies for your records.
Authorization to Cremate
This form must be signed by the next-of-kin, giving the crematory permission to cremate the body. A Medical Examiner is required to release the body for cremation, burial at sea, body donation, or to cremate in another state. If you cremate in another state, you must have a VT Medical Examiner view the body and provide the certificate. Call the Chief Medical Examiner's office for a referral to an ME in your county to schedule a review after the death has occurred. You will be responsible for sending in a copy of the form and the $25 fee. Bring a certified copy of the death certificate and original of the burial/transit permit, along with the cremation certificate, with the body to the crematory. In Vermont, there is a 24-hour waiting period required between the time of death and the cremation.
Conducting Body Care
Tips:
Families in Vermont may care for their own dead from death to disposition (18 V.S.A. § 5207). Immediate family members of the deceased are not prohibited from providing for the care, preparation, or disposition of human dead bodies (26 V.S.A § 1211(b)3). Embalming is primarily a cosmetic procedure and is not required by law. This includes cleansing, dressing, and casketing or shrouding in the home; sheltering in place in the home; filing the Preliminary Report of Death (also found here) through the Town Clerk where the person died or with the Department of Vital Records; transporting the deceased after obtaining a transit permit from same; making arrangements for burial or cremation; or burying on private property.
Obtaining and Filling Out the Preliminary Report of Death:
- A completed and signed Preliminary Report of Death must be obtained from the physician, hospice nurse, Medical Examiner, Attending Physician, and/or other qualified authority who pronounces the death and authorizes cause of death on the medical portion of the death certificate;
- The next-of-kin or designated agent completes the demographic portion;
- If a funeral director is hired, he or she will complete the demographic portion using information provided by the family;
- The next-of-kin or the designated agent, if acting as the funeral director, will sign as the funeral director;
- The form must be filled out as specified, with no cross-outs or white-outs;
- Every box must be completed, including NA or N/A;
- Retain the original for use in obtaining the burial/transit permit.
Getting the Death Certificate Signed by a Medical Authority
- Physicians must certify the medical portion of the death certificate within 24 hours of the death. It is up to the filing party to locate and obtain that signature.
- Families of patients who have been on hospice service may be assisted by the attending hospice nurse in locating and obtaining the physician's signature.
- A Note About Unattended Deaths: If the person is not on hospice service but death outside a medical setting is anticipated, the likelihood of a death investigation can be reduced by contacting the primary care provider in advance to confirm their ability to certify the death based on known health conditions.
If the body must be moved from a hospital, hospice, care facility, or medical examiner’s office, the PROD must be filed and a burial/transit permit obtained prior to removal. In addition, these institutions may have their own policies regarding body removal protocol, so check as well in advance as possible to ensure a smooth transition from institutional care.
Filing the PROD and Obtaining Burial/Transit Permit
While there are precise steps for completing paperwork without hiring a funeral director, they are, in most cases, no more daunting than any other form filing. The information required for the demographic portion is personal individual and family history, all of which will have to be located by the family anyway and then conveyed to a funeral director if the family chooses to hire one to fill it in for them. There is no cost to filing by families.
Steps regarding death certificates and transit/burial permits:
- Acquire the PROD from the medical authority of record, with the medical portion completed and signed
- Complete the demographic portion, no spaces left blank, signed by the next-of-kin acting as his or her own funeral director
- File the form with Vital Records within 48 hours of the death. You may do this by any of the following actions:
- Fax the form to Vital Records by fax to (802) 651-1787
- Mail or deliver by hand to Vital Records, Vermont Department of Health, 108 Cherry Street, P.O. Box 70, Burlington, VT 05402-0070; if mailing the original, keep a copy to bring to the Town Clerk’s office when seeking a transit permit
- Enlist the Town Clerk in filing electronically directly with the Vital Records Office through the Electronic Death Registration System (EDRS); call ahead to ask about office hours, or to arrange for assistance outside of normal office hours if possible
- Certified copies of the death certificate usually will be available for purchase from any Town Clerk’s office within 24 hours of receipt
- Obtain the transit/burial permit from the Town Clerk’s office or their designated deputy registrar; it must be signed by the Town Clerk or designated deputy, or a law enforcement officer in the town where the death occurred
- Completed transit/burial permits must be registered with the Town Clerk in the town where the disposition occurred (18 V.S.A. § 5201). (See Burial/Transit Permit below.)
- If the body will be transported out-of-state for burial or cremation, be sure to call ahead to the out-of-state cemetery or crematory to check on any unique requirements, and to ensure they'll accept a body from a family.
- If the body will be cremated, a Medical Examiner will need to examine the body and complete a Cremation Certificate prior to arriving at the crematory (See Authorization to Cremate below.)
Burial/Transit Permit
A burial/transit permit will be generated by the Town Clerk or Department of Vital Records personnel once the electronic report has been filed. This form enables the family (if named on the form) to transport the body home, to a church or other space, and to the crematory or cemetery. The cemetery authority will sign the form, which must then be filed with the Town Clerk by the 10th day of the month following disposition. Make copies for your records.
Authorization to Cremate
This form must be signed by the next-of-kin, giving the crematory permission to cremate the body. A Medical Examiner is required to release the body for cremation, burial at sea, body donation, or to cremate in another state. If you cremate in another state, you must have a VT Medical Examiner view the body and provide the certificate. Call the Chief Medical Examiner's office for a referral to an ME in your county to schedule a review after the death has occurred. You will be responsible for sending in a copy of the form and the $25 fee. Bring a certified copy of the death certificate and original of the burial/transit permit, along with the cremation certificate, with the body to the crematory. In Vermont, there is a 24-hour waiting period required between the time of death and the cremation.
Conducting Body Care
- Bathe as desired to remove surface bacteria.
- Wrap or clothe as desired.
- Cool the body with the use of Techni-ice®, dry ice, air conditioning, opening a window in cool weather; 3 days under 65 degrees is sufficient under average circumstances.
- Use universal precautions (masks, gloves, handwashing) as needed for someone with a communicable disease (see Special Circumstances below for more info).
- Do not move a body to or from the home without a completed PROD and transit permit.
- Report any communicable diseases to the Vermont Department of Health’s Infectious Epidemiology Unit. (See below for how to handle Special Circumstances.)
Tips:
- Plan ahead whenever possible by contacting or locating key players (Town Clerk, Deputized agent, Medical Examiner, cemetery or crematory operator, etc.) who may need to be involved
- Shop ahead for caskets, shrouds, urns, and other necessary goods
- Shop for a funeral director who will assist if necessary with the services you may choose to purchase
- Research additional information at the Funeral Consumers Alliance.
Special Circumstances
Special Circumstances for Home Funerals
Deaths Involving Communicable Diseases
If you've been caring for someone with a communicable disease such as Hepatitis or AIDS, the same precautions (latex gloves, for example) you took during the care apply after death. No extraordinary measures are necessary. If death occurs from a rarer infectious disease such as meningitis or a tropical fever, you should consult the Vermont Department of Health’s Infectious Epidemiology Unit at 888-588-7781. Immediate burial or direct cremation may be recommended in such cases. Embalming is not required in any circumstances.
Deaths Involving Medical Examiners
Cremation certificates must be issued by a medical examiner or deputy. To locate a deputy near you, call 888-552-2952
In the case of unanticipated death, the Medical Examiner’s office will be contacted to determine cause of death. It is up to the ME to determine the need for an autopsy. If you are choosing to bring the body back home after the ME releases the body, be sure he or she knows of your intentions. While the body may be temporarily in the custody of the ME, when released the family again has full custody and control of the body.
Deaths Involving Organ Donation
Home funerals are possible at the end of organ donation harvesting. Ask the medical team what to expect and what special precautions or protocols they recommend, if any. For more information on organ donation in general, research New England Donor Services.
Fetal Death and Miscarriage
Fetal deaths must be reported when the death occurs at 20 or more weeks of gestation or when the weight is 14 ounces (400 grams) or more. Reports are sent directly to the Health Department by the physician, hospital, or clinic if a procedure was performed. Parents are entitled to conduct home funerals and choose dispositions of burial or cremation the same as birthed children.
Deaths Involving Communicable Diseases
If you've been caring for someone with a communicable disease such as Hepatitis or AIDS, the same precautions (latex gloves, for example) you took during the care apply after death. No extraordinary measures are necessary. If death occurs from a rarer infectious disease such as meningitis or a tropical fever, you should consult the Vermont Department of Health’s Infectious Epidemiology Unit at 888-588-7781. Immediate burial or direct cremation may be recommended in such cases. Embalming is not required in any circumstances.
Deaths Involving Medical Examiners
Cremation certificates must be issued by a medical examiner or deputy. To locate a deputy near you, call 888-552-2952
In the case of unanticipated death, the Medical Examiner’s office will be contacted to determine cause of death. It is up to the ME to determine the need for an autopsy. If you are choosing to bring the body back home after the ME releases the body, be sure he or she knows of your intentions. While the body may be temporarily in the custody of the ME, when released the family again has full custody and control of the body.
Deaths Involving Organ Donation
Home funerals are possible at the end of organ donation harvesting. Ask the medical team what to expect and what special precautions or protocols they recommend, if any. For more information on organ donation in general, research New England Donor Services.
Fetal Death and Miscarriage
Fetal deaths must be reported when the death occurs at 20 or more weeks of gestation or when the weight is 14 ounces (400 grams) or more. Reports are sent directly to the Health Department by the physician, hospital, or clinic if a procedure was performed. Parents are entitled to conduct home funerals and choose dispositions of burial or cremation the same as birthed children.
Vermont Death Certificate Timeline for Home Funeral Families
Authority to Make Arrangements
Recommendations:
The next-of-kin or a designated agent have the right to handle all aspects of after-death care. This means that families can legally care for and transport a body, keep it in their home for a viewing period, and take it for final disposition themselves, without hiring a licensed funeral director, except for any details the family wishes to have done by a funeral home.
According to 18 V.S.A. § 5227, the authority to make all arrangements follows this order:
a) a health care agent under a legally valid advance directive;
b) surviving spouse;
c) sole surviving child or a majority of your children if there is more than one;
d) parents
e) sole surviving sibling or a majority of siblings if there is more than one
f) next of kin in the order named by law to inherit estate
g) legal guardian
h) any other person willing and able to assume the responsibility, or
i) the funeral director or crematory with custody of your body
If there is no spouse and there are multiple adult children, signatures from the majority or all will be required.
In the event that the decedent and/or the family prefer that someone outside the family oversee funeral arrangements and complete the necessary paperwork, they may appoint a designated agent to carry out their wishes on their behalf. This is accomplished by signing a Special Power of Attorney for Designated Agent form or the Vermont Advance Directive, Page 5. Limitations and responsibilities are described in that document.
- Complete and file all advance directives, including Living Will and Durable Power of Attorney for Health Care (DPOAH).
- Assign a family member, friend, or other designated agent to carry out all funeral arrangements.
The next-of-kin or a designated agent have the right to handle all aspects of after-death care. This means that families can legally care for and transport a body, keep it in their home for a viewing period, and take it for final disposition themselves, without hiring a licensed funeral director, except for any details the family wishes to have done by a funeral home.
According to 18 V.S.A. § 5227, the authority to make all arrangements follows this order:
a) a health care agent under a legally valid advance directive;
b) surviving spouse;
c) sole surviving child or a majority of your children if there is more than one;
d) parents
e) sole surviving sibling or a majority of siblings if there is more than one
f) next of kin in the order named by law to inherit estate
g) legal guardian
h) any other person willing and able to assume the responsibility, or
i) the funeral director or crematory with custody of your body
If there is no spouse and there are multiple adult children, signatures from the majority or all will be required.
In the event that the decedent and/or the family prefer that someone outside the family oversee funeral arrangements and complete the necessary paperwork, they may appoint a designated agent to carry out their wishes on their behalf. This is accomplished by signing a Special Power of Attorney for Designated Agent form or the Vermont Advance Directive, Page 5. Limitations and responsibilities are described in that document.
Obtaining Official Copies of the Death Certificate
Once the death certificate is electronically filed, certified copies may be obtained at any Town Clerk's office throughout the state. Certified copies may be needed to settle the affairs of the deceased (for example, for insurance or benefit claims, to close accounts). For information about fees and how to order, go to the Vermont Office of Vital Records to learn more about the application and fees. Paper copies are $10.00 each. For $12 plus shipping, death certificates may be purchased online through the Vital Records Request Service.
Notifications and Benefits
Newspapers
Families may file obituaries and memorial notices. A newspaper may ask to see a death certificate and many newspapers charge a fee for publishing an obituary.
Military and Veterans Benefits
Contact the Department of Veterans Affairs for information on benefits, or visit http://www.cem.va.gov/ for online information. Among other things, you may be entitled to a U.S. flag from the Post Office, to be used at a memorial service, by presenting a certified copy of the death certificate and proof of military service. You may also qualify for a free gravesite in a VA cemetery. Toll-free: 800-827-1000.
Social Security Benefits
To obtain Social Security Administration information, go to http://www.socialsecurity.gov/
Check out http://www.funeralwise.com/learn/arrange/benefits for more info on Social Security and VA benefits.
Families may file obituaries and memorial notices. A newspaper may ask to see a death certificate and many newspapers charge a fee for publishing an obituary.
Military and Veterans Benefits
Contact the Department of Veterans Affairs for information on benefits, or visit http://www.cem.va.gov/ for online information. Among other things, you may be entitled to a U.S. flag from the Post Office, to be used at a memorial service, by presenting a certified copy of the death certificate and proof of military service. You may also qualify for a free gravesite in a VA cemetery. Toll-free: 800-827-1000.
Social Security Benefits
To obtain Social Security Administration information, go to http://www.socialsecurity.gov/
Check out http://www.funeralwise.com/learn/arrange/benefits for more info on Social Security and VA benefits.
