What to do after a death in Delaware

Quick facts

• Good to know: Disposition must occur within 24 hours unless the body is embalmed or sealed.

• Tip: Order up to 10 certified death certificates. You’ll need them for various accounts.

Getting started in Delaware

• Delaware requires a death certificate to be registered within 3 days of death.

• The Delaware Board of Funeral Services regulates the industry and protects consumers.

• Delaware recently updated laws to include natural organic reduction as a disposition option.

Good to know: The Board of Funeral Services exists to protect you. Don’t hesitate to ask questions or request itemized pricing.

First 24–72 hours

If the death occurred at home

• Contact the attending physician or hospice if one was involved.

• For unexpected deaths, call 911. Emergency services will guide you.

• Delaware requires disposition within 24 hours unless embalmed or placed in a sealed casket.

Hospice was involved

• The hospice nurse will pronounce death and help with paperwork.

• Hospice can coordinate with a funeral home of your choice.

• Plan to move forward with arrangements within 24 hours.

No hospice involvement

• Call 911 for any unexpected death. This is required.

• The medical examiner may be notified depending on circumstances.

• Once cleared, contact a funeral home to arrange next steps promptly.

If the death occurred at a hospital

• Hospital staff will handle pronouncement and initial paperwork.

• You can spend time with your loved one.

• The hospital will ask about funeral arrangements. Try to decide within 24 hours.

Cremation in Delaware

• Delaware requires a waiting period of 24–48 hours after death before cremation.

• A death certificate must be registered before cremation can occur.

• Next of kin must identify the deceased and sign a cremation authorization form.

• All crematories must be licensed by the state.

• A casket isn’t required. An alternative container is acceptable.

Burial in Delaware

• Home burial on private property is allowed in Delaware. No state law prohibits it.

• You must obtain a burial permit before interment.

• Graves must be at least 18 inches deep; deeper for certain infectious diseases.

• Family cemeteries must be registered with the Cemetery Board every 5 years.

• Check local zoning rules. Requirements vary by county.

Paperwork in Delaware

• The death certificate must be registered within 3 days of death.

• Certified copies cost $25 each (part of the fee goes to a distressed cemetery fund).

• Plan to order 8–10 certified copies for insurance, banks, and legal matters.

• Photo ID is required for all requests; copies of ID required for mail requests.

• Death certificates are restricted for 40 years. Only family and legal representatives can request them.

Consumer rights in Delaware

• You have the right to an itemized General Price List before making any decisions.

• The FTC Funeral Rule allows you to buy only the services and goods you want.

• Funeral homes must accept caskets purchased elsewhere without extra fees.

• Embalming is only required if disposition won’t occur within 24 hours and no sealed casket is used.

• File complaints with the Delaware Board of Funeral Services under the Division of Professional Regulation.