Pennsylvania Funeral Home Laws and Licensing: A Guide for Owners (2026)

Pennsylvania funeral home laws come from three main sources: the Funeral Director Law (63 P.S. sections 479.1 to 479.20), the State Board of Funeral Directors’ regulations at 49 Pa. Code Chapter 13, and the Vital Statistics Law of 1953. The Board licenses funeral directors and approves each place where they practice. This guide reports what each section says, as read on the state’s own sites in September 2026, with section numbers you can check. It belongs to the FuneralHQ state guides for funeral homes.

Who regulates funeral homes in Pennsylvania?

The State Board of Funeral Directors, in the Pennsylvania Department of State, regulates funeral homes and funeral directors in Pennsylvania. Section 16 of the Funeral Director Law (63 P.S. section 479.16) charges the Board with enforcing the law and empowers it to make regulations, which are published at 49 Pa. Code Chapter 13. Section 16(b) gives the Board’s inspectors a right of entry into any place where funeral directing is carried on.

The Department of Health registers deaths under the Vital Statistics Law of 1953 and its regulations at 28 Pa. Code Chapter 1. County coroners investigate certain deaths under 16 Pa.C.S. Chapter 139, which section 13901 applies to counties of the second through eighth class.

What license does a funeral home need in Pennsylvania?

A Pennsylvania funeral home operates under a license that names both the licensee and the place. Section 7 of the Funeral Director Law (63 P.S. section 479.7) says a license is granted only to an individual, partnership or corporation, and designates the particular place, approved by the Board, where funeral directing is carried on. A funeral establishment is a place or premise approved by the Board where a licensed funeral director practices (63 P.S. section 479.2(6)).

• Building. A preparation room, a proper area or room for the reposing of remains, and restroom facilities (49 Pa. Code section 13.94). Section 13.174 lists the preparation room’s required equipment.
• Inspection. A newly built or newly owned establishment needs Board inspection and approval before it operates. The funeral director first submits a Department of Labor and Industry approval or a local certificate of occupancy (section 13.185).
• Supervisor. A corporation or a branch registers a licensed funeral director as full-time supervisor for each place of business (63 P.S. section 479.8). A full-time supervisor is a licensed funeral director registered to supervise no more than one establishment (section 479.2(11)).
• Fees. The initial license is $150 for a restricted business corporation, professional corporation, partnership or shared establishment, and $125 for a sole proprietorship or branch office. Biennial renewal is $400. The figures are from 49 Pa. Code section 13.12 and the Board’s renewal page, both read in September 2026.

Routine inspections come without notice. The Board’s statement of policy at 49 Pa. Code section 13.253 says each licensed establishment will be inspected no more than once every 270 consecutive days and no less than once every 540, on weekdays between 8 a.m. and 5 p.m. For the steps around the license, read how to start a funeral home.

Who may own a Pennsylvania funeral home, and how may it be named?

Section 8 of the Funeral Director Law (63 P.S. section 479.8) limits ownership to licensees and the entities the section lists. Section 8(a) says no person who is not licensed under the act may have any interest in a licensed funeral director’s practice, except as the act provides. An individual may hold only one license, and a licensee may practice at one principal place and no more than one branch (section 8(e)).

A restricted corporate license under section 8(b) requires that all shareholders be licensed funeral directors or members of the immediate family of a licensed or deceased funeral director, and that the corporation engage in no other business. Section 8(d) covers professional corporations. Exceptions exist, including licenses for a deceased licensee’s estate, widow or widower.

On names, section 8(a) says a practice may be conducted only under the name or last name of the individual or of all partners, or under a predecessor establishment’s name if the owners’ names appear on all signs, forms and advertising. A corporation’s name must contain the name of a shareholder or of a predecessor establishment.

A federal court has ruled on the naming provision. In Heffner v. Murphy, filed February 19, 2014, the US Court of Appeals for the Third Circuit affirmed a ruling that Pennsylvania’s ban on trade names runs afoul of the First Amendment. The same opinion reversed the lower court’s ruling against the inspection authority in section 16(b). The naming language still appears in the statute as published, so ask the Board how it applies that language today.

What license does a funeral director or embalmer need in Pennsylvania?

A person who directs funerals or embalms in Pennsylvania needs a funeral director license from the Board. Section 2(1) of the Funeral Director Law (63 P.S. section 479.2) defines a funeral director to include a person who embalms, and section 13(b) allows only a licensed funeral director or a resident intern to prepare or embalm a body. The sections read for this guide name no separate embalmer license.

• Age and character. 21 or older and of good moral character (49 Pa. Code section 13.11(b)).
• College. At least 2 years of college credit, counted as 60 semester hours (section 13.23).
• Mortuary school. A school approved by the American Board of Funeral Service Education and the Board (section 13.22). Section 3(c) of the law refers to a one year course.
• Resident internship. 12 full continuous months at a minimum of 40 hours a week (section 13.51), with at least 35 cases (sections 13.52 and 13.53). Section 3(f) of the law requires each resident intern to embalm at least 25 bodies.
• Examinations. The National Board Examination of the Conference of Funeral Service Examining Boards, plus written and oral examinations on clinical practice, the law and the regulations (section 13.71).
• Child abuse training. At least 3 hours before licensure (sections 13.11(d) and 13.308(a)).

A funeral director license is renewed every two years and expires on February 1 of every even-numbered year (63 P.S. section 479.10(a); 49 Pa. Code section 13.231). Each renewal period requires 6 hours of continuing education, including at least 2 hours on child abuse recognition and reporting (section 13.401). Section 13.403 allows no credit for courses in office management or marketing, and section 13.402 says the Board will audit licensees. Terms such as preceptor are defined in the funeral service glossary.

How soon must a death certificate be filed in Pennsylvania?

A Pennsylvania death certificate must be filed within four business days after the death, under section 501 of the Vital Statistics Law of 1953 (35 P.S. section 450.501). Section 504 separately requires the funeral director, or the person in charge of interment or removal, to file the certificate with the local registrar within 96 hours after the death. Section 501 says the certificate is filed before a disposition permit is issued.

Section 502 says the person in charge of interment or removal obtains the information for the certificate. The medical certification is supplied by the physician, certified registered nurse practitioner or physician assistant, or in limited hospital cases a dentist, unless the case is referred to the coroner under section 503. Sections 501 to 504 state no separate deadline for the medical certifier. This guide could not confirm one from the state’s own site as of September 2026, so ask the Department of Health.

The Department of Health names its system the Electronic Death Registration System (EDRS). EDRS is a web-based system, operated by the Department’s Bureau of Health Statistics and Registries, for registering deaths electronically. State Registrar Notice 2021-02, issued January 4, 2021, says Pennsylvania registers 99% of deaths through EDRS. When the signature is the hold-up, see death certificate physician signature delays.

What are Pennsylvania’s cremation rules?

Pennsylvania allows cremation at any time after 24 hours beyond the time of death (49 Pa. Code section 13.212). Remains may be taken to the crematory sooner if the crematory receives explicit written instructions that cremation cannot be done before 24 hours, and the funeral director holds a signed receipt.

• Authorization. A funeral director must obtain and keep written authorization from the family of a person who is to be cremated (49 Pa. Code section 13.201(7)).
• Order of priority. Under 20 Pa.C.S. section 305, a surviving spouse has sole authority over disposition. If there is no surviving spouse, the next of kin decide, in the order of intestate succession. Section 305 is subject to a valid will and lists exceptions, including enduring estrangement and contrary intent.
• Disputes. If more than two next of kin of equal standing disagree, the majority decides. If two disagree, a court decides (section 305(d)(2)).
• Permit. No person may dispose of a body until a local registrar or the State Registrar issues a permit. The person in charge of a crematory endorses the permit and returns it within ten days (Vital Statistics Law section 504).
• Coroner. The coroner investigates a death where the body is to be cremated (16 Pa.C.S. section 13918(a)(9)). Section 13952 sets a $50 fee for a cremation or disposition authorization.

The sections read for this guide set no identification tag or witness rule for cremation, and do not mention alkaline hydrolysis or natural organic reduction. This guide could not confirm either subject from the state’s own sites as of September 2026. Ask the Board before you rely on a practice from another state.

Is embalming or refrigeration required in Pennsylvania?

Pennsylvania’s regulation gives three choices once remains are held more than 24 hours after death: embalming, a sealed container that will not let fumes or odors escape, or refrigeration. The rule is 49 Pa. Code section 13.201(6), and it applies unless the choice conflicts with a religious belief or a medical examination.

• Refrigeration. Remains refrigerated more than 24 hours after death are kept between 35 and 40 degrees Fahrenheit, and are buried, cremated or entombed within 5 hours of leaving refrigeration (section 13.201(6)(ii)).
• Viewing. Under normal circumstances the public should not view an unembalmed body refrigerated longer than 36 hours (section 13.201(6)(iii)).
• Permission. Embalming without written permission from a family member or other authorized person is unprofessional conduct. Oral permission followed by written confirmation is acceptable (section 13.202(11)).
• Holding. A funeral director may not keep a body more than 10 days without special permission from the Board (section 13.184).
• Shipping. A body shipped by common carrier to a point that cannot be reached within 24 hours of death is embalmed or placed in a hermetically sealed container (28 Pa. Code section 1.23).

The FTC’s guide to the Funeral Rule says a provider may not tell a family that the law requires embalming when it does not. The General Price List must carry the FTC’s embalming disclosure, and a provider may charge for embalming only in the circumstances the Rule lists, such as prior approval from a family member.

How is preneed regulated in Pennsylvania?

The State Board of Funeral Directors regulates preneed sold by funeral directors, and the money must be held in full. Section 13(c) of the Funeral Director Law (63 P.S. section 479.13(c)) allows only a licensed funeral director to offer or enter a contract with a living person for funeral services when needed. A prepaid burial contract is a contract to provide funeral merchandise and services on a death, paid for in advance (49 Pa. Code section 13.1).

• Funding. The entire amount received, including service or arrangement fees, goes into escrow or trust in a banking institution in Pennsylvania (section 13.224(a)).
• Separate account. The account is separate from the funeral director’s business and personal accounts, and interest or earnings stay with the principal (section 13.226).
• Reports. Each prepaid contract is reported to the Board within 90 days, and each fulfilled contract within 30 days (section 13.224(b) and (d)).
• Forms. Form prepaid contracts are reviewed and approved by the Board (section 13.224(f)).

The Future Interment Law (63 P.S. sections 480.1 to 480.11) requires a seller of future need merchandise or services to deposit 70% of the retail sale price into a merchandise trust fund. Section 11 of that law says it does not repeal or affect section 13 of the Funeral Director Law. The notes of decisions printed under section 13.224 report a 1985 Commonwealth Court ruling that the 100% requirement takes precedence over the 70% standard.

The sections read for this guide name no separate preneed sales permit and do not address preneed funded by insurance. Ask the Board about both. For the records side, see preneed recordkeeping.

What price disclosures apply in Pennsylvania?

The FTC Funeral Rule applies in Pennsylvania as it does in every state, and the Board’s regulations tie state practice to it. A General Price List is the printed list of the goods and services a funeral provider sells, with the price of each. The FTC’s guide, read in September 2026, says a provider must:

• Give the General Price List, to keep, to anyone who asks in person about funeral goods, services or prices.
• Give callers who ask about prices accurate information from the price lists, without requiring a name, address or phone number first.
• Give an itemized Statement of Funeral Goods and Services Selected at the end of the arrangements discussion.
• Keep price lists and completed statements for at least one year.

The FTC’s guide states a penalty of up to $53,088 per violation. FTC Funeral Rule basics and General Price List management cover the working detail.

Pennsylvania adds its own written agreement rule. Under 49 Pa. Code section 13.204, a statement of funeral goods and services signed by the funeral director is given at the time of arrangements and before disposition, and the form must conform to 16 CFR Part 453. The signed copy is kept for 6 years. Section 13.202(16) makes failure to comply with the FTC’s regulations unprofessional conduct, and section 13.195 bars price announcements that imply services or merchandise the funeral director does not supply.

Can a Pennsylvania funeral home record phone calls?

Pennsylvania’s wiretap law turns on the consent of all parties. 18 Pa.C.S. section 5703 makes it a felony of the third degree to intentionally intercept a wire, electronic or oral communication, except as the chapter provides. Section 5704(4) says an interception is not unlawful where all parties to the communication have given prior consent.

Section 5704(15) holds a narrower exception for a business engaged in telephone marketing or telephone customer service. That paragraph covers interception solely for training, quality control or monitoring, where one party has consented, and says recordings are destroyed within one year unless another law requires otherwise. This guide does not say whether a funeral home’s calls fall within that paragraph. Section 5725 gives a person whose communication was unlawfully intercepted a civil action, with damages of at least $1,000.

The Reporters Committee for Freedom of the Press lists Pennsylvania among about 11 states that primarily require all-party consent. Its guide also says the consent of all parties is presumed when the parties are warned of the recording and continue the conversation. Call recording and AI disclosure for funeral homes covers other states.

A compliance calendar for Pennsylvania funeral homes

The calendar below lists the recurring duties and deadlines confirmed for this guide, each with its section. It is not a complete list of what Pennsylvania law requires. Print it, add your own license dates, and check each row against the section before you rely on it.

How FuneralHQ handles this

FuneralHQ is funeral home software that keeps the case, the signed authorizations and the custody record together. Documents carry e-signatures, and chain of custody uses signed, timestamped custody forms with QR and barcode scan checkpoints. FuneralHQ prepares the physician request from the case and tracks each filing milestone. It does not file electronically with EDRS or any state death registration system: your staff complete that step in the state’s own system. FuneralHQ is not the right choice if you need software that submits to EDRS directly.

The General Price List is kept once, and the statement is built from the same line items. Every call the phone assistant answers opens with a notice that the call may be recorded, and the assistant never quotes a price. FuneralHQ does not give legal advice and does not tell a firm whether it is compliant. FuneralHQ comes in three packages, Platform, Growth, and Growth Managed: see pricing.

Questions to ask the Pennsylvania board

Put these questions to the State Board of Funeral Directors, or to the Department of Health where noted, and keep the answers in writing.

1. Which license fits my ownership: sole proprietor, partnership, restricted business corporation, or professional corporation?
2. How does the Board apply the naming language in section 8 since the 2014 Heffner v. Murphy decision?
3. What must be in place before the inspection of a new establishment under 49 Pa. Code section 13.185?
4. Which form reports a new prepaid contract within 90 days, and how is it filed?
5. Does the Board treat preneed funded by insurance differently from escrow or trust funding?
6. How does Pennsylvania treat alkaline hydrolysis and natural organic reduction?
7. Department of Health: is there a deadline for the medical certifier to complete the medical certification?
8. Which continuing education courses are approved for the current renewal period?

Guides for other states follow the same outline: New York funeral home laws, Ohio funeral home laws, and Michigan funeral home laws.

Common questions about Pennsylvania funeral home laws

How many funeral homes can one funeral director own in Pennsylvania?

Section 8(a) of the Funeral Director Law (63 P.S. section 479.8) says only one license may be held by an individual. Section 8(e) lets a licensee practice at one principal place and no more than one branch. The branch needs a licensed funeral director assigned as full-time supervisor, its own license, and a separate fee. Exceptions exist, so confirm with the Board.

Can a family keep a Pennsylvania funeral home open after the licensee dies?

Section 8(a) (63 P.S. section 479.8) says the Board issues a license to a deceased licensee’s estate for up to three years, or to a widow or widower without a time limit. The Board must be told in writing within 10 days, with an application within 30 days. The practice runs under a licensed funeral director employed full time.

Can unlicensed staff make funeral arrangements in Pennsylvania?

Unlicensed staff may make tentative arrangements only. Section 13(d) of the Funeral Director Law (63 P.S. section 479.13) allows tentative arrangements when the licensed funeral director is temporarily absent. 49 Pa. Code section 13.205 requires a licensed funeral director to ratify them within 48 hours and to handle final arrangements, including the selection of merchandise.

Can a Pennsylvania funeral home serve food or drinks?

Section 7 of the Funeral Director Law (63 P.S. section 479.7) says no food or intoxicating beverages may be served in a funeral establishment, and beverages are restricted to a separate room. 49 Pa. Code section 13.183 allows nonalcoholic beverages in an area approved by the Board. The Board’s site also lists a statement of policy on section 13.183, so ask the Board for it.

How long can a funeral home hold a body in Pennsylvania?

A funeral director may not retain a body for more than 10 days in total without special permission from the Board, under 49 Pa. Code section 13.184. A body placed in a cemetery receiving vault is covered by 28 Pa. Code section 1.22, which allows up to 30 days for properly embalmed bodies before Department of Health permission is required.

Does FuneralHQ file Pennsylvania death certificates?

No. FuneralHQ prepares the physician request from the case and tracks each filing milestone. It does not file electronically with EDRS or any state death registration system. Your staff complete the filing in the Department of Health’s own system, within the 96 hours that section 504 of the Vital Statistics Law of 1953 gives the funeral director.

What happens to preneed contracts when a Pennsylvania funeral home is sold?

Under 49 Pa. Code section 13.226(c), prepaid burial contracts and accounts transfer immediately to the licensee who takes responsibility for them, and that licensee notifies the Board in writing. Section 13.91(b) requires a buyer who assumes the contracts to notify the purchasers in writing within 30 days of settlement and send the Board a specimen copy.

What must a funeral home do with a veteran’s unclaimed cremated remains?

Section 506.2 of the Vital Statistics Law of 1953 applies once a funeral home has held cremated remains more than 120 days. The funeral home may determine whether the remains are a veteran’s. If they are, and no authorized person has given instructions, the funeral home relinquishes them to a veterans’ service organization and keeps a record. The section lists exceptions.

Can a funeral director licensed in another state work in Pennsylvania?

Section 9(b) of the Funeral Director Law (63 P.S. section 479.9) lets the Board license individuals from other states on stated conditions. Section 9(c) and 49 Pa. Code section 13.77 provide a limited license for directors from states with a reciprocal agreement. The limited license does not allow its holder to maintain an establishment or advertise in Pennsylvania.