What to do after a death in South Dakota

Quick facts

• Good to know: Home burial is allowed. The burial site must be mapped and recorded with vital records.

• Tip: 85% of preneed funeral payments must be held in trust until time of need.

Getting started in South Dakota

• South Dakota allows home funerals and home burial on private property.

• The State Board of Funeral Service regulates funeral professionals and establishments.

• Strong consumer protections exist for preneed funeral contracts.

Good to know: Take your time making decisions. There’s no rush to finalize arrangements immediately.

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 for guidance.

• If not embalmed, body must be refrigerated if disposition won’t occur within 24 hours.

Hospice was involved

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

• Hospice can coordinate with your chosen funeral home.

• You can spend time with your loved one before they’re moved.

No hospice involvement

• Call 911 if the death was unexpected.

• The coroner or medical examiner may need to be involved.

• Once cleared, contact a funeral home or begin home funeral arrangements.

If the death occurred at a hospital

• Hospital staff will guide you through immediate paperwork.

• You can spend time with your loved one.

• The hospital will ask about funeral arrangements. Take time to decide.

Cremation in South Dakota

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

• Cremations must be performed by a licensed funeral director or crematory operator.

• Authorization from next of kin or authorized representative is required.

• No casket is required. An alternative container is acceptable.

• Unclaimed remains may be scattered by the crematory after 60 days.

Burial in South Dakota

• No state laws prohibit burial on private property in South Dakota.

• A burial permit must be obtained from the local health department or registrar.

• The burial site must be mapped and recorded with the local registrar of vital records.

• Check with your local town or county clerk for any additional zoning requirements.

• No casket is required by state law. You may build your own.

Paperwork in South Dakota

• The death certificate must be filed with the health department within 5 days.

• Certified copies cost $15 each (includes search fee).

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

• Records are available at any South Dakota Register of Deeds office for deaths from 1960-present.

• By law, vital records aren’t open for public inspection. Only qualified requesters receive certified copies.

Consumer rights in South Dakota

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

• South Dakota’s Funeral Services Consumer Protection Law requires detailed price disclosure.

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

• 85% of preneed funeral contract payments must be held in trust until time of need.

• File complaints with the SD Board of Funeral Service at 605-642-1600.