What steps must one take in North Carolina to exhume and move a loved one’s remains to another state?
1. Detailed Answer
Moving a loved one’s remains across state lines is a sensitive process. In North Carolina, you must follow specific legal steps. These steps ensure you act respectfully and comply with state law.
1.1 Obtain Consent from Next of Kin
State law requires written permission from all persons with the highest right of burial. These individuals often include a surviving spouse or adult children. If you cannot secure unanimous consent, you may need a court order.
1.2 Retain a Licensed Funeral Director
Only a licensed funeral director or embalmer may handle exhumation. They know health and safety rules. They also file required paperwork with the county health department.
1.3 Secure a Disinterment Permit
Under North Carolina General Statute § 90-210.29, you need a permit before disinterment. Contact your local health department to apply. They will verify consent and inspect records before issuing the permit. See statute online: NCGS § 90-210.29.
1.4 Obtain a Burial Transit Permit
After exhumation, you must get a burial transit permit. This permit allows transportation of the remains outside North Carolina. Your funeral director will apply on your behalf. The health department issues this permit once they confirm the body meets transport requirements.
1.5 Prepare Required Documents
- Certified death certificate
- Signed consent forms from next of kin
- Copy of disinterment permit
- Burial transit permit
- Any required documents from the receiving state
1.6 Coordinate with the Receiving State
Each state sets its own rules for importing human remains. Contact the receiving state’s health department or vital records office. Obtain any import permit or additional documentation they require.
1.7 Arrange Transportation
Your funeral director or a licensed transporter must oversee the transfer. They pack the remains in a sealed, approved container. They carry both the North Carolina burial transit permit and the receiving state’s documentation during transit.
2. Key Takeaways Checklist
- Secure written consent from all next of kin.
- Hire a North Carolina–licensed funeral director.
- Apply for a disinterment permit (NCGS § 90-210.29).
- Obtain a burial transit permit from the county health department.
- Gather certified death certificate and consent forms.
- Contact the receiving state for import permits.
- Use a sealed, approved container for transport.
- Ensure the transporter carries all permits en route.
Take the Next Step with Pierce Law Group
Exhuming and relocating a loved one’s remains involves clear legal steps. Pierce Law Group guides families through each requirement. Our attorneys handle permits, coordinate with funeral directors, and address any disputes. You don’t have to face this process alone.
Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055. Let us help you honor your loved one with dignity and compliance under North Carolina law.
