Frequently
Asked Questions
What information do I need to know when
I call a funeral home after a death?
What can be done prior to death occurring?
What should one do when a death occurs?
What are the available methods of disposition?
What is embalming and its purpose?
Does the law require that a dead human
be embalmed?
How are remains donated?
Can I donate my organs with out donating
my entire body?
Can I change my mind about donating
my body or my organs after I commit myself?
What is meant by immediate disposition?
Can a body be cremated immediately
following death?
What is done with cremated remains?
Can a family bury its own dead without
using a licensed funeral director?
How do people select a funeral director?
How may I learn about funeral costs?
Is there a law that prohibits funeral
directors from advertising?
Is there a law that prohibits funeral
directors from solicitation at or near the time of death?
Should I consider a prepaid funeral
contract?*
Where does my money go?*
What if I change my mind or want my
money back?*
What if I want to change funeral homes?*
If death occurs before the prepaid
contract is paid in full, will any additional payment be required?*
Will my contract cover all my final
expenses?*
What happens if a funeral home which
sold trust funded prepaid funeral benefit contracts goes out
of business or misappropriates prepaid funds?
Whom can I reach for additional questions
regarding prepaid funerals?*
Where can I secure additional information
regarding Mortuary Laws in the State of Texas?
If I have a complaint against a funeral
director or a funeral establishment, whom should I contact?
What information do I need to know
when I call a funeral home after a death?
The following information will allow a funeral home to begin
preparing for services:
- The name of cemetery where the deceased will be buried
- Clothing will be provided by you
- The ministers name who will perform the service
- The pall bearers and relationship to deceased
- The music to be played at the service
- Chapel or church name and location
- The type of flowers desired for service
What can be done prior to death occurring?
Record your wishes, advise family members and even prearrange
with your funeral director.
What should one do when a death occurs?
Arrangements for disposition of the deceased generally can
be made by a spouse, next of kin or legal representative.
The normal sequence of events for handling a death is as
follows:
- Contact law enforcement official if the death was unattended.
- Death must be pronounced by a coroner, medical examiner,
or attending physician.
- Contact relatives.
- Locate deceaseds letter of direction, prepaid funeral
contract, insurance policy or will.
- Contact a funeral director.
- When a death occurs out of state or country, it is advisable
that you immediately contact a funeral director in your
local area who will know the requirements that must be met,
as well as help prevent duplication of service costs.
What are the available methods of
disposition?
Human remains can be buried, entombed, cremated, or donated
for scientific study.
What is embalming and its purpose?
Embalming is the use of chemicals, internally and externally,
to disinfect and temporarily preserve the body for open casket
viewing and/or for the removal of the body to distant destinations.
Does the law require that a dead human
be embalmed?
No, Texas law does not require embalming at any time. Most
common carriers will require that a body be embalmed prior
to shipping and the laws of the destination state will apply.
Because of the rapid deterioration of a body after death,
Texas Health Services Rules require that bodies held for over
24 hours or in transit must be embalmed, refrigerated, or
encased in a leak and odor proof container.
How are remains donated?
Donations of human bodies to medical facilities can be made
either directly to the facility, through a funeral establishment,
or by contacting the:
Anatomical Board, State of Texas
UT Medical Branch H43
Galveston, Texas 77550
(409) 772-1293
There is a set fee for donations which is paid by the Anatomical
Board; however, this may not cover the cost of any additional
services selected which are provided by the funeral home.
Can I donate my organs with out donating
my entire body?
Yes. You may leave written or oral instructions regarding
your wishes.
Can I change my mind about donating
my body or my organs after I commit myself?
Yes. Prior to death, a person can revoke his or her donation
by destroying or canceling the instructions or by alternate
instructions to the next of kin or the person designated by
written instrument.
What is meant by immediate disposition?
Immediate disposition is the interment, entombment, or cremation
of the remains without ceremonies. Immediate disposition usually
includes transfer of the remains to the funeral home, preparation
and filing of the necessary documents and transportation to
the ceremony or transportation to and from the crematory.
Can a body be cremated immediately
following death?
Texas law prohibits cremating any dead human body within
48 hours after death. This time requirement may be waived
in writing by the County Medical Examiner or a Justice of
the Peace in counties without Medical Examiners.
What is done with cremated remains?
Cremated remains may be disposed of in a number of ways:
privately scattered, scattered at sea, scattered by airplane
in unpopulated areas, interred in a cemetery, placed in a
niche in a columbarium, or kept by the family in their home.
Can a family bury its own dead without
using a licensed funeral director?
A statement of death and a death certificate are legally
required. Generally, local ordinances or deed restrictions
prohibit burials within city limits. Check with the State
Health Department and local zoning authorities for applicable
laws.
How do people select a funeral director?
Almost always by reputation or availability. The way a funeral
director serves families is readily known in most communities.
If you need a funeral director and for some reason do not
know one, the reference of a relative or friend who has been
served satisfactorily is one wise way to make a decision.
The best way is to know in advance whom you would select and
then visit the funeral home, examine the facilities and ask
about the prices and understand the ways in which your needs
will be served. Consider all alternatives and consult several
different firms/organizations to compare costs. After determining
where to call, be prepared to ask questions concerning all
aspects of funeral arrangements.
Prior to making funeral arrangements, you will need the following
information:
- Full name of deceased
- Occupation
- Date of birth
- Place of birth
- Social security number
- Residence address
- Spouses name (maiden name)
- Fathers name, mothers maiden name
- Place of burial or disposition
- Discharge papers, if veteran.
How may I learn about funeral costs?
Telephone Inquiries
Funeral establishments are required to give current retail
price information by telephone.
Obtaining Information
You may want to follow up with a visit to the establishment.
Any consumer entering an establishment and making inquiries
is entitled to the retail price list. By law, you must be
presented a retail price list itemizing the costs of funeral
services and the merchandise for sale from a funeral director.
These retail prices, appearing on a printed or typewritten
list which the customer may keep, must specify at least the
charges for the following items, provided they are available
for purchase through the establishment:
- Forwarding or receiving remains, to or from another funeral
home and a list of services provided for the stated price
- The price range for direct cremations, including separate
prices for cremations with alternative containers, cremations
with a purchaser supplied container, and a description of
the services and container included in each price.
- The price range for immediate burials, including separate
prices for immediate burials with alternative containers
or caskets, immediate burials with a purchaser supplied
container, and a description of the services and container
or casket included in each price
- Transfer of remains to funeral home
- Embalming
- Other preparation of the body
- Use of facilities and staff for viewing, funeral ceremony,
memorial service, and/or graveside service
- Hearses
- Limousines
- Caskets
- Outer burial containers such as vaults, grave liners,
and boxes. Such outer enclosures are not required by law,
but may be required by the cemetery.
The retail price list must include the name, address, and
phone number of the establishment, the effective date of the
price list and a notice stating: "You may choose only
the items you desire. If you are charged for items you did
not specifically request, we will explain the reason for the
charges on the written memorandum. Please note that there
may be charges for items such as cemetery fees, flowers and
newspaper notices."
After completing all funeral arrangements, you must be given
a written funeral purchase agreement, signed by the funeral
director who assisted you, which lists the items you selected
from the general price list and the cost of each item.
Choosing a Casket
The price of each casket must be stated and varies depending
on the type. Caskets are not required by law; however there
may be cemetery or mausoleum restrictions regarding caskets
and outer burial containers or vaults. The law does not require
a casket for cremation but some type of container such as
a cardboard box or canvas pouch is usually required by the
crematory.
Caskets are constructed from various materials including
steel, copper, bronze, and wood. The only warranties express
or implied, granted in connection with casket products are
the express written warranties, if any, extended by the manufacturers.
There is no direct relationship between the protective features
of the casket and the preservation of the body.
Is there a law that prohibits funeral
directors from advertising?
No, but consumer protection statutes require that all advertising
to be factual and clear in content. Any misrepresentations
should be reported to the Texas Funeral Service Commission,
the Attorney Generals Consumer Protection Division and your
local Better Business Bureau.
Is there a law that prohibits funeral
directors from solicitation at or near the time of death?
Yes. Solicitation means any direct or indirect contact with
the family, next of kin, or one who has custody of a person
who is deceased or near death for the purposes of securing
the right to provide funeral services or merchandise for the
deceased or the person near death.
Should I consider a prepaid funeral
contract?*
Prepaid funeral contracts are governed by Chapter 154 of
the Texas Finance Code and are under the jurisdiction of the
Texas Department of Banking. Such contracts are being marketed
extensively and offer the opportunity to permit a person to
fully consider his or her needs and wishes and control the
cost and nature of funeral services desired. The contracts
vary in terms and coverage and should, like any other purchase
involving a substantial sum of money, be reviewed carefully
before execution.
Texas law requires that seller of contracts for prepaid funeral
arrangements must first apply and obtain a permit from the
Texas Department of Banking. Do not contract with any seller
who does not have such a permit, and make certain that the
proposed contract meets the minimum Texas legal requirements,
including that a trust has been created for the proceeds from
prepaid contracts through a contract of insurance with an
insurance company licensed in Texas, or that such trust fund
is established in a bank or savings and loan association operated
under the provisions of the Texas Trust Act.
Where does my money go?*
A deposit fund is established with a financial institution
approved by the Texas Department of Banking, or a fund is
created by a life insurance or annuity contract with an insurance
company authorized to do business in the State of Texas. If
a life insurance or annuity contract is used, the person who
sells you the policy and the insurance company must be licensed
by the Texas Department of Insurance. Ask to see his/her license.
In addition, you are entitled to receive a copy of the policy
and should be sure that you understand the benefits, limitation
and exclusions. You can call the Texas Department of Insurance
at 1-800-252-3439 or 512-463-6501 for license information
on both agents and companies or for assistance in interpreting
policy language.
What if I change my mind or want
my money back?*
In a deposit fund arrangement, the purchaser can cancel the
contract prior to maturity and receive a refund in accordance
with the terms of the contract. If you have a life insurance
or annuity arrangement, you may receive only the cash surrender
value, if any, as indicated in the insurance policy or annuity
and the prepaid contract. Read and understand the cancellation
language in the policy or annuity and in the prepaid contract.
What if I want to change funeral
homes?*
If the prepaid funeral contract is in a deposit fund you
may have to cancel your contract and make other arrangements.
If the prepaid contract is funded by a policy of insurance
you may be able to cancel the contract and keep the insurance
policy allowing you to choose another funeral establishment.
Talk to the seller of your prepaid contract and the funeral
director of the funeral home you wish to use. Make sure all
parties are in agreement and be sure to get a copy of any
such agreement in writing.
If death occurs before the prepaid
contract is paid in full, will any additional payment be required?*
On a deposit arrangement, any unpaid balance would become
due at the time of the funeral. Depending on the type of insurance
policy or annuity contract used to fund the prepaid funeral
contract, expenses may not be paid in full. If you are unsure,
question the seller and/or the Texas Department of Banking
or the Texas Department of Insurance.
Will my contract cover all my final
expenses?*
You are entitled to receive all items shown on the contract
at no additional charge, if the terms of the contract have
been met. There may be additional charges for items that are
not part of the prepaid contract. These may include cemetery
fees, such as lowering equipment, opening and closing the
grave, and burial vaults. You should discuss with the seller
items that are not covered.
What happens if a funeral home which
sold trust funded prepaid funeral benefit contracts goes out
of business or misappropriates prepaid funds?
It would depend on whether the funeral home was a licensed
seller. If the funeral home held a valid permit when the prepaid
funeral contracts were sold, the Department of Banking would
take over the contracts and find a subsequent provider. Any
shortages to the fund would be covered by the Prepaid Funeral
Guaranty Fund. The purchaser would not suffer a financial
loss. However, if the funeral home was an unlicensed seller,
the Department of Banking will take actions in coordination
with the local District Attorney to try to recover the prepaid
funds through restitution. The purchaser can suffer a financial
loss in this situation because the Prepaid Funeral Guaranty
Fund can not be used.
Whom can I reach for additional questions
regarding prepaid funerals?*
Texas Department of
Banking
Special Audit Division
2601 North Lamar Boulevard
Austin, Texas 78705-4294
(512) 475-1290
(512) 475-1288 (fax)
or
Texas Department of Insurance
Consumer Help Line
PO Box 149091
Austin, Texas 78714-9091
(512)46306515
1-800-252-3439
Where can I secure additional information
regarding Mortuary Laws in the State of Texas?
You may request a complete copy of article 4582b, Texas Civil
Statues, and the Commission Rules, by contacting the Texas
Funeral Service Commission at the address listed at the bottom
of this page.
If I have a complaint against a funeral
director or a funeral establishment, whom should I contact?
First, discuss your problem with the funeral director and/or
management of the funeral establishment. If you feel you were
not treated fairly, the funeral director should be given the
opportunity to satisfy you. If this is not acceptable, you
may provide the facts in writing to:
- Texas Funeral Service Commission. This is the licensing
and regulatory agency for all funeral establishments, funeral
directors, and embalmers in the State. Complaints must be
filed in writing, signed by the complainant, and specify
the exact nature and circumstances of the problem. Send
complaints to the address down at the bottom of this page.
Enclose copies of all documents you may have received from
the funeral establishment.
- Consumer Protection Division
Attorney General of Texas
PO Box 12548
Austin, Texas 78711 (512) 463-2070
- The local Better Business Bureau
- The Federal Trade Commission
Dallas Regional Office
100 N. Central Expressway
Dallas, Texas 75201
(214) 767-5501
- Funeral Service Consumer Arbitration Program
2550 East Devon
Des Plaines, Illinois 60018
1-800-662-7666
*Information provided courtesy of the Texas Department
of Banking and the Texas Department of Insurance.
Texas
Funeral Service Commission
510 South Congress, Suite 206
Austin, Texas 78701-1716
(512) 936-2474
Fax: (512) 479-5064
TDD (Personas Sordas): 1-800-RELAY-TX
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