Burial & Cremation Laws in Tennessee

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1. How do I get a death certificate?
2. Who can order a death certificate?
3. Is embalming required?
4. Is a casket necessary for burial or cremation?
6. Where can bodies be buried in Tennessee?
7. Where can we store or scatter ashes after cremation?
8. Learn more.

How do I get a death certificate?


In Tennessee, a death certificate must be filed with the office of vital records within five days of the death and before final disposition of the body. (Tennessee Code § 68-3-502.) The easiest way to get copies of a death certificate is to ask the person or organization that files the certificate to order them for you at the time of the death; usually this will be a funeral home, mortuary, or crematory. If you are the executor of the estate, you should ask for at least ten certified copies.

If you need to order copies of a death certificate later, visit the website of the Tennessee Department of Health . From the DOH website, you can download a mail-in order form or find information about applying for death certificates in-person or online.

To order certified copies of a death certificate, you must provide an acceptable form of identification, or sign your application and have it notarized. Each certified copy of a Tennessee death certificate costs $7.

Who can order a death certificate?

In Tennessee, a certified copy of the death certificate that includes the cause of death may be issued only to the following individuals:

  • the deceased person’s spouse, child, parent, or other next of kin
  • a person who can show that the cause of death is necessary to establish a legal right or claim, or
  • a documented, authorized representative acting on behalf of the deceased person or one of the people named above.

For more information, see Tennessee Code § 68-3-205 and Tennessee’s death certificate application form.

Is embalming required?

In Tennessee, there are no laws or regulations requiring embalming, the process in which blood is drained from the body and replaced with fluids that delay disintegration. Embalming is rarely necessary; refrigeration serves the same purpose.

Is a casket necessary for burial or cremation?




Do I have to buy a casket from the funeral home?

No. Federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. You may also build a casket, if you prefer.

Where can bodies be buried in Tennessee?

Most bodies are buried in cemeteries, but there are no state laws in Tennessee that prohibit burial on private property. Local governments may have rules governing private burials, however. Before conducting a home burial, check with the town or county clerk and local health department for any rules you must follow.

If you do bury a body on private land, you should draw a map of the property showing the burial ground and file it with the property deed so the location will be clear to others in the future. In Tennessee, family burial grounds are protected if they are recorded with a deed. (See Tennessee Code § 46-8-103.)

Where can we store or scatter ashes after cremation?



Scattering ashes on private land. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, it is wise to obtain permission from the landowner.





For more information, including the contact information for the EPA representative in Tennessee, see Burial of Human Remains at Sea on the EPA website.


Learn more


For more information about funeral laws in Tennessee, see Making Funeral Arrangements in Tennessee.


by: , J.D.

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