Nevada cremation and prepaid funeral and cemetery contract rights

In Nevada, human remains may be cremated only in a crematory whose operator is licensed by the Nevada Funeral and Cemetery Services Board. State law defines cremation to include alkaline hydrolysis and natural organic reduction as well as incineration. Ask which method and which licensed crematory will be used. [1][2]

The crematory may not cremate until a death certificate has been signed and, except where the person signed their own cremation order, it has received a written authorization on its form. The authorization identifies the deceased, states the agent’s name and relationship, says the agent knows of no objection from anyone with a right to control the disposition, and names who may claim the cremated remains or where they are to be sent. Ask to see the completed authorization before you sign it. [3]

A crematory may not require that remains be placed in a casket or refuse to accept them because they are not in one. If remains that are not embalmed cannot be cremated right away, they may not be held longer than 24 hours unless the holding facility is refrigerated. Ask what container is required and how the remains will be held before cremation. [4][5]

For a prepaid funeral contract, the seller may keep a sales commission of up to 25% of the purchase price, and the contract must state the full commission percentage retained. Unless the contract is paid solely from life insurance proceeds and the seller collects no money from the buyer, the seller must deposit the installments, after deducting the commission, in a trust fund within 15 days after the end of the month in which payment was received. Ask what commission your contract keeps and who the trustee is. [8][7][9]

A prepaid funeral contract must let the buyer return it within 10 days after delivery for a full refund of the amount paid, for any reason. After that, the net purchase price must be available to the buyer, or the buyer’s estate or heirs, at any time before the services are performed, on written notice to the seller and trustee. The net purchase price is the purchase price, including trust interest attributable to the buyer, after the sales commission is deducted. Ask for the trustee’s address so your notice reaches both parties. [7][10][6]

If the buyer moves beyond the normal facilities of the seller and performers, the funeral contract ends on the buyer’s written notice of the move, and the trustee must refund all money in the trust for the buyer’s account, including earned interest. When the buyer of a funeral or cemetery preneed agreement dies, the funeral director, funeral arranger or cemetery authority that entered into it must give a copy to each person entitled to custody of the remains. Ask the provider for the copy if you have not received it. [11][12]

Prepaid cemetery merchandise and service contracts follow a separate part of the law. The commission may be up to 40% of the purchase price, and the contract must allow a return within 10 days after delivery for a full refund. Unlike the funeral contract rules, the cemetery contract rules do not list a provision for returning the net purchase price at any time before performance. The contract must also state that if the purchaser defaults on a payment, the cemetery authority may end it and keep as damages no more than 40% of the total purchase price, refunding any balance. Ask how missed payments and a move away would be handled before you sign. [14][13][15][7]