What to do after a death in Montana

Quick facts

• Good to know: 24-hour waiting period before cremation.

• Tip: Private property burial is allowed with minimal state-level regulation.

Getting started in Montana

• Montana allows families to care for their own dead without requiring a funeral director.

• The state has minimal burial regulations, honoring rural traditions of home burials.

• The Board of Funeral Service licenses mortuaries and can assist with consumer concerns.

Good to know: Montana’s laws are flexible and family-friendly. You have options and time to make thoughtful decisions.

First 24–72 hours

If the death occurred at home

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

• For unexpected deaths, call 911. The county sheriff (who serves as coroner) will be notified.

• Embalming isn’t required unless you need extra time before final disposition.

Hospice was involved

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

• Hospice can coordinate with a funeral home or support your home funeral plans.

• Take the time you need with your loved one before any arrangements.

No hospice involvement

• Call 911 for unexpected deaths. The sheriff/coroner will verify nothing suspicious.

• The coroner will complete necessary documentation if investigation is required.

• Once cleared, you can proceed with a funeral home or handle arrangements yourself.

If the death occurred at a hospital

• Hospital staff will guide you through immediate steps.

• You can spend time with your loved one before leaving.

• The hospital will ask about your plans. Take the time you need to decide.

Cremation in Montana

• Montana requires a 24-hour waiting period after death before cremation.

• Cremation must take place in a licensed crematory.

• An authorized decision-maker (often spouse or next of kin) must sign the cremation authorization.

• A casket isn’t required. Federal law requires you be told about alternative containers.

• There are no state laws controlling where you may keep or scatter ashes.

Burial in Montana

• Home burial on private property is allowed. Montana has no laws requiring use of cemeteries.

• Check with your county for any local zoning requirements or water source setbacks.

• A coffin or vault isn’t required by state law.

• Fill out the state form authorizing removal, transportation, and disposition of the body.

• It’s recommended to register the burial with the county and notify the sheriff’s office.

Paperwork in Montana

• Death certificates should be filed promptly with the county Clerk and Recorder or state vital records.

• Certified copies cost $16 each from the Office of Vital Records.

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

• You can order copies in person in Helena, by mail, or through VitalChek online.

• Full copies with cause of death are only issued to immediate family members.

Consumer rights in Montana

• Montana has adopted the FTC Funeral Rule. You have the right to an itemized price list.

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

• Embalming isn’t legally required in most circumstances.

• Preneed funeral contract funds are protected in a State Trust Fund.

• File complaints with the Montana Board of Funeral Service at 406-841-2359.