Planning a funeral is a difficult process, and navigating the paperwork afterward can feel overwhelming. One common question that arises is: how long do funeral homes keep records? The answer isn't straightforward, as it depends on several factors, including state regulations, the type of record, and the funeral home's internal policies.
State Regulations: The Primary Driver
The primary determinant of how long funeral homes retain records is state law. Each state has its own regulations regarding recordkeeping for businesses, including funeral homes. These regulations often specify minimum retention periods for different types of records. These periods can vary significantly, ranging from a few years to several decades.
Finding Your State's Regulations: The best way to determine the specific record retention requirements in your state is to:
- Check your state's board of funeral directors website: Most state licensing boards for funeral directors will have their regulations and rules published online.
- Contact your state's board of funeral directors directly: If you can't find the information online, contacting the board directly is the most reliable method.
- Consult a legal professional: For complex situations or if you require specific legal advice regarding record retention, consulting a lawyer specializing in this area is advisable.
Types of Records and Their Retention Periods
Funeral homes maintain a variety of records. Retention periods often differ based on the record type. Generally, records considered vital for legal and historical reasons are kept for longer periods. Examples include:
Long-Term Records (Often decades):
- Death certificates: These are crucial legal documents and are usually kept indefinitely by the funeral home, alongside copies submitted to the relevant authorities.
- Cremation records: Detailed records of cremations, including identification and process details, are typically retained for an extended period.
- Burial records: Similar to cremation records, detailed burial records are kept for long periods, often mirroring the retention period of death certificates.
- Pre-need contracts: Agreements made in advance for funeral services are usually kept for the duration of the contract plus several years afterwards.
Shorter-Term Records (Often several years):
- Financial records (invoices, payments): While financial records are important, state regulations might dictate shorter retention periods, often meeting tax requirements.
- Correspondence (emails, letters): Unless legally required for a specific matter, general correspondence might be kept for shorter periods.
- Service records (excluding death certificates and cremation/burial details): Some detailed service records might have shorter retention periods than the core legal documents.
Funeral Home Internal Policies
While state regulations set the minimum standards, individual funeral homes may choose to retain records beyond the legally mandated period. This is often a matter of best practice, risk management, or simply internal policy.
What to Do If You Need Access to Old Records
If you need access to older records, your first step should be contacting the funeral home directly. They are usually the best source for information. If they are unable to provide the records, or if the funeral home is no longer in operation, you may need to explore options such as contacting the state's board of funeral directors or conducting research at county or state archives.
Disclaimer: This information is for general guidance only and does not constitute legal advice. Always consult relevant state regulations and legal professionals for specific advice regarding record retention in your area.
