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When someone dies at home, the silence can feel deafening. There’s no hospital staff to guide you, no medical team managing the process. You’re suddenly responsible for making decisions you never expected to make, often while processing profound grief and shock.

Understanding what happens legally and practically when death occurs at home can help you navigate this difficult moment with more confidence. This guide explains the specific protocols, legal requirements, and step-by-step actions needed when someone passes away in their residence.

Why At-Home Deaths Require Different Procedures

Deaths that occur at home follow different legal protocols than those in hospitals or care facilities. You become the primary decision-maker and must coordinate with various authorities, medical professionals, and service providers.

The procedures you’ll follow depend entirely on whether the death was expected or unexpected. This single distinction determines who you call, what happens next, and which authorities get involved. Understanding this difference is the most important thing you need to know.

Watch: What to do When Someone Dies at Home (3 Minute Summary Video)

Before we dive into the detailed guide, watch this 3-minute video overview covering the most critical decisions and actions you’ll need to take when someone dies at home, including the essential difference between expected and unexpected death protocols.

Download Your Free At-Home Death Planning Worksheet (PDF)

Organize critical information before you need it with our comprehensive 16-page planning worksheet. This free resource includes contact trackers, DNR checklists, document location worksheets, and step-by-step action timelines you can print and complete in advance.

Expected Death vs. Unexpected Death: The Critical Distinction

Expected death means the person had a terminal diagnosis, was receiving end-of-life care, or had a known serious medical condition. Examples include someone in hospice care, a person with late-stage cancer, or an elderly individual with multiple serious health conditions.

Unexpected death means the person was not known to be terminally ill or dying imminently. This includes accidents, sudden cardiac events in otherwise healthy people, or any death that occurs without recent medical documentation explaining why the person might die soon.

This distinction matters because expected and unexpected deaths at home follow completely different legal pathways. Call the wrong authority, and you may trigger an investigation that wasn’t necessary, or fail to involve authorities who are legally required to respond.

What to Do for Expected Deaths at Home

When death was anticipated and occurred under medical care, the process is generally straightforward and peaceful.

Step 1: Take a Moment If You Need It

An expected death is not a medical emergency. You do not need to call anyone immediately. If you need time to sit with the person, say goodbye, or gather family members, you can take that time. Many people find these quiet moments meaningful before the logistics begin.

The body can remain at home for several hours. There is no immediate rush.

Step 2: Determine Who Can Pronounce Death

A medical professional must officially pronounce death before any arrangements can proceed. For expected at-home deaths, you have specific options depending on the care the person was receiving.

If the person was under hospice care: Call the hospice agency immediately. A hospice nurse will come to the home, confirm the death, and complete the legal pronouncement. Hospice nurses are authorized to pronounce death in all 50 states and will handle the initial paperwork. They will stay with you as long as you need and guide you through next steps.

If the person had a physician managing their terminal illness: Call the physician’s office. Many doctors will come to the home to pronounce death, especially if they had been actively treating the person. If the doctor cannot come in person, they may authorize another healthcare provider to pronounce death based on their medical knowledge of the patient’s condition.

If neither option is available: You will need to call 911, but inform the operator immediately that this is an expected death with no emergency. Explain that the person was terminally ill and has passed peacefully. This prevents emergency resuscitation attempts and ensures the appropriate response.

Step 3: Understand DNR Requirements

If the person had a Do Not Resuscitate (DNR) order, you must have the physical document available when any medical personnel arrive.

Without a valid DNR form, emergency medical technicians (EMTs) are legally required to attempt resuscitation, even if the person has clearly been deceased for some time. This is traumatic for families and violates the deceased person’s wishes.

For at-home deaths, you specifically need an Out-of-Hospital DNR or Prehospital DNR. A standard DNR from a hospital stay is not sufficient for at-home situations. The form must be signed by both the patient (or their legal healthcare representative) and a physician.

Keep the DNR form:

• Near the bedside or in an easily accessible location
• With the person’s medical paperwork
• Ready to show to EMTs, paramedics, or other responders immediately

Some states use DNR bracelets or wallet cards as official documentation. Know what your state requires.

Step 4: Contact the Funeral Home or Cremation Service

Once death has been pronounced, you can contact the funeral home or cremation service of your choice. You are not required to choose immediately, but most families make this call within a few hours.

The funeral home will:

• Send staff to transport the body
• Provide guidance on next steps
• Begin processing required paperwork
• Discuss preliminary arrangement options

You can wait to contact a funeral home if you need more time with the deceased or want to research your options. In most states, you have up to 24 hours before the body must be refrigerated or embalmed, though specific requirements vary by state and temperature conditions.

Step 5: Notify Close Family and Begin Initial Notifications

Once immediate medical and legal protocols are handled, begin notifying:

• Immediate family members who need to know
• The deceased person’s physician (if not already involved)
• Close friends who would want to be informed quickly
• Any healthcare aides, visiting nurses, or regular caregivers

You do not need to notify everyone within the first hours. Extended family, government agencies, and financial institutions can wait until you have death certificates in hand.

What to Do for Unexpected Deaths at Home

Unexpected deaths trigger different legal requirements because authorities must determine the cause of death and ensure no foul play occurred.

Step 1: Call 911 Immediately

For any unexpected death, call 911 right away. This is the appropriate and legally required response.

When calling, clearly state:

• “I need to report a death”
• “The person is not breathing and has no pulse”
• Whether you believe the person has been deceased for some time or if this just occurred

The 911 operator will dispatch emergency medical services and, in most cases, police officers.

Step 2: Do Not Touch or Move Anything

Leave the scene as undisturbed as possible. This is not because you are suspected of wrongdoing, but because any unexpected death requires investigation to determine cause and manner of death.

Do not:

• Move the body
• Clean up the area
• Remove medications or medical equipment
• Disturb anything in the surrounding area

You may cover the deceased with a sheet if you wish, but otherwise, preserve the scene for investigators.

Step 3: Understand What Emergency Responders Will Do

Emergency Medical Technicians (EMTs) will arrive first. They will:

• Attempt to verify that the person is deceased
• Look for signs of life
• Potentially attempt resuscitation if there is any uncertainty about time of death

Police officers will also respond. This is standard protocol for all unexpected or “unattended” deaths. Their presence does not mean you are under suspicion. They are there to:

• Document the scene
• Take photographs
• Ask you questions about the circumstances
• Gather information for the medical examiner or coroner

Step 4: Be Prepared to Answer Questions

Law enforcement will ask detailed questions. This can feel invasive during a traumatic time, but these questions are routine and necessary. Be prepared to answer:

• When did you last see the person alive?
• When did you discover them deceased?
• What were they doing before death?
• Did they have any medical conditions?
• What medications were they taking?
• Did they express any health concerns recently?
• Who was the last person to see them alive?
• Is there a physician who was treating them?

Have the deceased person’s medications available. Police and medical investigators often want to document what prescriptions the person was taking.

Step 5: The Medical Examiner or Coroner Will Get Involved

For unexpected deaths, the medical examiner (in some jurisdictions) or coroner has legal authority over the body. This means:

The body will be transported to the medical examiner’s office for examination. You cannot prevent this or choose a different facility. This is not optional.

The medical examiner will determine the cause and manner of death. Depending on circumstances, this may involve an autopsy.

You will be notified when the body is released, typically within 24 to 72 hours. Once released, you can make funeral arrangements.

There is no cost to the family for the medical examiner’s examination or required autopsy.

Step 6: Contact Family and Wait for Release

After authorities have taken the body, notify immediate family members and wait for the medical examiner to complete their examination.

You cannot make funeral arrangements until the body is released. Use this time to:

• Notify family and close friends
• Begin gathering important documents
• Research funeral home or cremation options
• Take care of immediate household needs

The medical examiner’s office will contact you directly when the body is released. At that point, you can authorize transfer to a funeral home.

Legal Pronouncement of Death: Who Can Do It and Why It Matters

A legal pronouncement of death is the official declaration by an authorized person that someone has died. This is not just a formality. Without this pronouncement, you cannot obtain a death certificate, make funeral arrangements, or handle any legal matters related to the estate.

Who Is Authorized to Pronounce Death at Home?

Authorization varies by state, but generally includes:

Physicians: Any licensed physician can pronounce death, though typically it will be the person’s regular doctor or the on-call physician for their medical practice.

Nurse Practitioners and Physician Assistants: In many states, advanced practice nurses and physician assistants can pronounce death, especially in hospice or home health contexts.

Hospice Nurses: Registered nurses working for hospice programs are specifically authorized to pronounce death for patients in their care in all states.

Medical Examiners and Coroners: These officials can pronounce death and often do so in unexpected death cases.

Emergency Medical Personnel: Paramedics can confirm death in the field in most jurisdictions, though they often transport the body to a hospital for official pronouncement by a physician.

What Happens During Pronouncement

The authorized person will:

• Verify absence of vital signs (pulse, breathing, responsiveness)
• Note the time of death
• Complete initial documentation
• Provide you with paperwork needed for the next steps

This process usually takes only a few minutes but is legally essential.

Body Care While Waiting for Transport

If there is a delay between death and transportation to a funeral home, you may need to provide basic body care. This is normal and manageable.

Temperature and Preservation

Bodies begin to deteriorate relatively quickly, especially in warm conditions. Here’s what to know:

In cool conditions (below 65°F), the body can remain at home for many hours with minimal changes.

In warm conditions, deterioration happens faster. If the home is warm and there will be a significant delay, consider:

• Lowering the temperature in the room if possible
• Using dry ice (available from some funeral homes or ice suppliers)
• Covering the body with a light sheet

Do not attempt to move the body to a bathtub or other location to cool it unless specifically instructed by a funeral director or medical professional.

Positioning

If death just occurred and you notice the deceased is in an uncomfortable-looking position, you can gently position them flat on their back with arms at their sides. Do this within the first hour if possible, as rigor mortis (stiffening of the body) begins within 2 to 6 hours after death.

Once rigor mortis has set in, do not attempt to reposition the body. Funeral professionals can address positioning if needed.

Covering the Body

You may cover the deceased with a sheet or light blanket if you wish. Many families find this provides privacy and dignity while waiting for transport.

Medical Equipment, Medications, and Supplies

If the person was receiving home healthcare, you’ll need to handle medical equipment and supplies.

Hospice Equipment

If the person was in hospice care, the hospice agency will arrange to pick up:

• Hospital beds
• Oxygen equipment and concentrators
• Wheelchairs and mobility aids
• Specialized medical devices

This usually happens within a few days of death. The hospice staff will coordinate timing with you.

Medications

Controlled substances must be disposed of properly. If the person was in hospice, the hospice nurse is required by federal law to dispose of all controlled medications (opioids, sedatives, etc.) at the time of the death visit.

For non-hospice situations:

• Do not flush medications down the toilet (environmental hazard)
• Do not throw them in regular trash (safety risk)
• Take them to a medication take-back program or authorized disposal site
• Many pharmacies and police stations have medication disposal kiosks

Contact your local pharmacy or check the FDA’s medication disposal guidance for specific instructions.

Personal Care Supplies

Hospice programs typically do not take back opened personal care items like:

• Incontinence products
• Disposable gloves
• Wound care supplies
• Adult briefs

Consider donating unopened packages to charitable organizations. Goodwill and Salvation Army often accept these items.

Paperwork and Documentation for At-Home Deaths

At-home deaths require specific documentation that differs from hospital deaths.

Death Certificate Process

The death certificate is a critical legal document needed for nearly everything that follows. For at-home deaths:

Who completes it: The pronouncing physician, hospice medical director, or medical examiner completes the medical portion. The funeral director completes the demographic information.

Information you’ll need to provide:

• Full legal name of the deceased
• Social Security number
• Date and place of birth
• Parents’ names (including mother’s maiden name)
• Military service information (if applicable)
• Occupation and employer information
• Marital status and spouse’s name
• Residential address
• Education level

How long it takes: Death certificates typically take 1 to 3 weeks to be filed and available for certified copies, though this varies significantly by state. Some states now offer online death certificate systems that are faster.

How many copies you need: Order at least 10 certified copies initially. You’ll need them for:

• Each life insurance policy (aff)
• Each bank account
• Investment accounts
• Social Security notification
• Property deed transfers
• Vehicle title transfers
• Pension claims

Ordering copies at the time of death is significantly cheaper than requesting them later.

Permits and Authorizations

Depending on your state, you may need specific permits before the body can be moved. Your funeral director or the pronouncing medical professional will inform you of these requirements.

Some states require:

• A transit permit to transport the body
• Authorization from the medical examiner even for expected deaths
• Specific forms signed by the attending physician

The funeral home typically handles obtaining these permits, but you should be aware they exist.

State-Specific Legal Requirements

Funeral and death care laws vary significantly by state. Some important variations include:

States Requiring Funeral Director Involvement

Eight states legally require a licensed funeral director to handle certain aspects of death care:

Connecticut, Illinois, Indiana, Louisiana, Michigan, Nebraska, New Jersey, and New York all have laws requiring funeral director involvement in body transportation, preparation, or disposition.

In the other 42 states, families can legally handle body transportation and disposition themselves, though most choose to work with funeral professionals.

Embalming Requirements

No state requires embalming for all deaths, but some states require embalming or refrigeration if final disposition does not occur within a certain timeframe (usually 24 to 48 hours).

If you plan to delay funeral services, ask about your state’s requirements.

Home Burial Laws

Most states allow burial on private property with proper permits, though requirements vary:

• Minimum property size
• Distance from water sources
• Depth of burial
• Notification to local authorities
• Property deed notation

Check with your county clerk’s office for specific regulations.

What to Do About the Residence and Property

When death occurs at home, several practical matters need immediate attention.

Securing the Home

If the deceased lived alone:

• Lock all doors and windows
• Consider changing locks if healthcare workers or others had keys
• Ensure the security system remains active if applicable
• Arrange for regular checks on the property

If you cannot stay at the residence, ask a trusted family member or friend to check on it daily.

Utilities and Services

Decide whether to:

• Keep utilities active (recommended if the estate settlement will take time)
• Reduce services like cable or internet
• Forward mail to a family member handling estate matters

Do not immediately cancel utilities. Water, electricity, and heat may be needed to maintain the property during estate settlement.

Pets

If the deceased had pets, arrange for their immediate care. Animals left alone can become distressed. Options include:

• Family members taking temporary or permanent custody
• Friends who can provide care
• Professional pet sitters during the transition
• Local animal rescue organizations if no one can care for the pet

Ensure pets have food, water, and necessary medications while you make longer-term arrangements.

Perishable Items

If the home will be empty for an extended period:

• Remove perishable food from the refrigerator
• Take out garbage
• Empty pet food and water dishes if pets are relocated
• Water plants or relocate them if they were important to the deceased

Emotional Realities of At-Home Death

Death at home can be emotionally different from death in a medical facility. Understanding common reactions can help you navigate your feelings.

The Weight of Responsibility

Many people report feeling overwhelmed by the responsibility of managing an at-home death. This is a normal reaction. You’re handling logistics that medical staff would manage in a hospital, while also processing grief.

Ongoing Connection to the Space

Some family members find that the room where death occurred feels sacred or significant. Others find it disturbing. Both reactions are completely valid.

If you’re having difficulty with the space:

• You don’t need to enter that room immediately
• Rearranging furniture or redecorating can help some people
• Professional cleaning services that specialize in these situations are available if needed

Second-Guessing Medical Decisions

It’s common to wonder if you should have called 911 sooner, done something differently, or insisted on hospital care. Unless you actively prevented necessary medical care, you did not cause the death.

If these thoughts become overwhelming, consider speaking with a grief counselor or the hospice bereavement team.

The Quiet After

After authorities, family, and funeral home staff leave, the silence in the home can be profound. Many people describe this as the most difficult moment.

Having someone stay with you during the first night, if possible, can provide comfort and practical support.

When You Need Additional Support

At-home deaths can be emotionally complex. Support resources include:

Hospice bereavement services: Even if your loved one was not in their care, many hospice organizations offer community grief support groups.

Grief counseling: Licensed therapists specializing in grief can provide professional support. Memorial Merits’ grief counseling resources can help you find qualified professionals.

Faith-based support: If you’re part of a religious community, clergy and congregational support can be meaningful.

Crisis support: If you’re experiencing acute distress, the 988 Suicide and Crisis Lifeline provides 24/7 support by calling or texting 988.

Understanding Your Rights and Options

You have more control and options than you might realize when death occurs at home.

You Are Not Required to Use the First Funeral Home You Contact

Even if a funeral home transports the body, you can:

• Transfer the body to a different funeral home
• Obtain only the services you want (cremation services don’t require a full funeral)
• Decline services the funeral home recommends

Federal law (the Funeral Rule) protects consumers from being forced into unwanted services.

You Can Take Time to Make Decisions

Except for required body preservation timelines, most funeral decisions can wait several days. Don’t feel pressured to:

• Choose expensive caskets immediately
• Plan an entire funeral in 24 hours
• Make decisions while you’re in shock

Reputable funeral homes will give you time and space to make thoughtful choices.

You Have the Right to Price Information

Funeral homes must provide written price lists before showing you merchandise. You can:

• Compare prices between funeral homes
• Purchase caskets or urns from third-party vendors
• Choose direct cremation or direct burial if that aligns with your wishes

The FTC’s Funeral Rule explains your consumer rights in detail.

Planning Ahead: Making At-Home Death Easier

If you’re caring for someone with a terminal illness who wishes to die at home, advance planning significantly reduces stress when death occurs.

Essential Documents to Have Ready

Gather and keep easily accessible:

• Photo identification for the deceased
• Social Security card
• Insurance policies
• Advance directives and DNR orders
• List of current medications
• Contact information for physicians and hospice
• List of people to notify
• Any prearranged funeral plans or preferences

Choose a Funeral Home in Advance

Many funeral homes allow you to preselect services without prepaying. Having this decision made means one less thing to handle during crisis.

Know Your State’s Requirements

Research your state’s specific laws about:

• Who can pronounce death
• Required permits
• Timeline for body disposition
• Whether funeral director involvement is mandatory

The National Funeral Directors Association maintains state-specific information.

Discuss Wishes Clearly

Have explicit conversations about:

• Desired disposition (burial vs. cremation)
• Funeral or memorial service preferences
• Who should be notified immediately
• Any specific cultural or religious requirements

Document these wishes in writing if possible, using resources like Memorial Merits’ estate planning guides.

Frequently Asked Questions

Finding Peace in the Process

When death occurs at home, you’re navigating unfamiliar territory during one of life’s most difficult moments. Understanding the legal requirements and practical realities helps you move through this process with less confusion and more confidence.

Remember that there is no perfect way to handle these hours and days. You’re doing important work by honoring the deceased person’s life and wishes while managing necessary legal and practical details. Be patient with yourself, accept help when it’s offered, and know that the steps you’re taking matter.

The path through grief is individual and nonlinear. Taking care of legal and practical necessities is one part of the process, but equally important is allowing yourself space to feel, remember, and begin healing in whatever way works for you.