Colorado funeral price, crematory and prepaid funeral contract rights

Before you select the funeral, a Colorado funeral establishment must give you a written itemized list of the prices of all available merchandise and individual services. You cannot be required to buy services or products on that list that you do not want for the funeral unless the law requires them. When quoting prices, the establishment may list as cash advances or accommodation items only items that are paid for, or could be paid for, by the next of kin in the same amount the establishment pays. Ask for the itemized list before you choose. [1]

It is unlawful to leave out of a contract for funeral services the statement “FUNERAL ESTABLISHMENTS ARE REGULATED BY THE DEPARTMENT OF REGULATORY AGENCIES. TO FILE A COMPLAINT, CONTACT:”, together with the department’s current address, telephone number or email address. It is also unlawful to leave out the license number of the funeral establishment’s designee from any contract for funeral services or funeral goods; under a 2026 law, these rules as now worded apply to contracts entered into or renewed on or after August 12, 2026. Check that your contract includes both. [2]

It is unlawful to cremate human remains in a facility unless the facility is registered under section 12-135-110. In Colorado law, a funeral establishment includes an establishment that holds, cares for or prepares human remains before final disposition, including a crematory, and each funeral establishment must register with the director of the Division of Professions and Occupations, stating whether it cremates human remains. Ask which facility will perform the cremation and check its registration. [2][4][3][5]

In Colorado, a preneed contract seller may not enter into a preneed contract or accept any funds without a license from the commissioner of insurance. Each preneed contract must state on its face: “This preneed contract is not insurance; however, preneed contracts and contract sellers are subject to regulation by the Colorado Division of Insurance.” The seller must give the buyer an accurate copy of the contract when it is entered into. Ask the seller for its license details and keep your copy. [6][7]

When a preneed contract is paid for with funds, the seller must deposit not less than 75% of the total contract price with a trustee, and must deposit all funds above 25% of the total contract price with the trustee within 45 days after receiving them. The seller must disclose the trustee’s name and address and notify the buyer when the funds are deposited into trust; the disclosure must advise the buyer to contact the commissioner if confirmation is not received by a specified time. Ask when you should expect that confirmation. [8][7]

Each preneed contract must let the buyer cancel by written notice within the first seven days after signing, and the seller must send a 100% refund within ten calendar days of receiving the notice. The contract must also provide that the buyer may cancel at any time after those seven days, with any return of consideration made within 30 days of a request for return instead of performance, and within 45 days of a request in case of default or cancellation; this is subject to the irrevocable option described below. The contract must say whether the seller may keep liquidated damages on default or cancellation of a contract that has not been performed, and those damages may not exceed the lesser of the funds received or 15% of the total contract price. Ask whether your contract allows liquidated damages and how much. [7]

The contract must provide that when the preneed contract beneficiary dies, the buyer, or if the buyer has died, the buyer’s heirs, assigns or authorized representatives, are entitled to a full return of consideration instead of performance. The seller may perform if the beneficiary’s heirs, assigns or authorized representatives have not canceled within 168 hours after the beneficiary’s death, or if performance was authorized earlier. At the buyer’s request and with the buyer’s consent, a preneed contract, related trust or life insurance assignment may be made irrevocable, but the buyer or the person with the right of final disposition may still transfer the funds or the assignment to another seller or provider before performance. If another provider is selected, the original seller may keep up to 15% of the original contract price. Check whether you are being asked to make the contract irrevocable before you sign. [7]