What Are the Legal Requirements for a Funeral in Miami?

When planning a funeral in Miami, there are several legal requirements that must be followed. This guide will help you understand the essential legal aspects of funeral arrangements in Florida.

Death Certificate Requirements

Filing Timeline

Must be filed within 5 days of death
Should be completed by the attending physician or medical examiner
Required before final disposition can occur
Multiple certified copies recommended (10-15 typically suggested)

Information Required

Full legal name of deceased
Social security number
Date and place of death
Cause of death
Demographic information
Medical history

Burial Transit Permit

A burial transit permit is legally required in Florida for:

Transportation of the deceased
Final disposition (burial or cremation)
Interstate transport of remains

The permit must be obtained from the local registrar and is valid for 7 days from the date of death.

Embalming Requirements

Florida law does not require embalming, but it may be necessary if:

The body will be transported across state lines
There will be a public viewing
Final disposition won’t occur within 24 hours

Alternative preservation methods may be available - discuss options with your funeral director.

Cremation Regulations

For cremation, Florida law requires:

A 48-hour waiting period after death
Written authorization from next of kin
Medical examiner approval
Proper identification of the deceased
Removal of pacemakers or other medical devices

Who Can Authorize Funeral Arrangements

Florida law establishes a priority order for who can make funeral arrangements:

The deceased (through written instructions)
Spouse
Adult children
Parents
Siblings
Next of kin
Legal guardian

Required Documentation

Always have these documents ready:

Death certificate
Burial transit permit
Written authorization for cremation (if applicable)
Veterans discharge papers (for veteran benefits)
Social security card
Insurance policies

Cost Disclosure Requirements

Funeral homes must:

Provide a detailed price list before discussing arrangements
Give written price information over the phone
Itemize all charges
Disclose any legal or cemetery requirements that incur costs

Cemetery Requirements

For burial in Miami cemeteries:

Outer burial containers may be required
Specific headstone regulations may apply
Perpetual care arrangements might be mandatory
Plot deed or right of interment must be documented

Important Considerations

Start gathering required documents as soon as possible
Consult with a licensed funeral director for specific requirements
Keep copies of all paperwork and permits
Consider pre-planning to ensure all legal requirements are met
Maintain clear communication with all involved parties

Remember that while these are the basic legal requirements, individual funeral homes and cemeteries may have additional policies. Always consult with your chosen funeral service provider for the most current and specific requirements for your situation.