New Hampshire cremation and prearranged funeral rights

New Hampshire requires every crematory to be operated by a crematory authority licensed by the Office of Professional Licensure and Certification, and human remains may be cremated in the state only at such a crematory. Ask the funeral home which licensed crematory will perform the cremation. [1]

A body may not be cremated within 48 hours after death unless the person died of a contagious or infectious disease. For a death in New Hampshire, the crematory must first receive the burial permit and a certificate from a medical examiner who has made personal inquiry into the cause and manner of death. The crematory forwards a copy of the cremation certificate to the chief medical examiner’s office with a $60 fee. Ask whether that fee appears on your statement and when the cremation can take place. [2]

A crematory may not require a casket or refuse remains because they are not in one; an alternative container must be combustible, able to be closed, resistant to leakage and rigid enough for easy handling. If the remains are not embalmed, the crematory may hold them no longer than 24 hours from the time of death unless they are placed in refrigeration. Ask what container is included and what it costs. [4][3]

In New Hampshire, all money paid during a person’s lifetime to a funeral provider for services or merchandise after that person’s death must be deposited within 30 days in a separate account at a bank, trust company, credit union, savings institution, licensed insurance company or bonded, registered broker-dealer in the state, in the provider’s name as mortuary trustee. The money is held there together with any interest accrued, and the trustee must give the payor evidence of each deposit within 30 days. Ask for the written receipt or statement of deposit. [5]

A prearranged funeral contract funded through a trust account, insurance policy or annuity must be in writing and must say whether it is guaranteed or nonguaranteed. Under a guaranteed contract, the seller provides the listed goods and services for all of the proceeds, whatever the costs at the time. Under a nonguaranteed contract, the proceeds are applied to prices at the time of the funeral, and if they fall short the seller need not perform until satisfactory payment arrangements are made. Ask which items, if any, are guaranteed. [6]

Any purchaser may rescind the contract within 10 days after entering into it and receive all payments made. The contract must also say whether it is revocable or irrevocable. To cancel a revocable contract, the purchaser gives written notice to the seller and to the trustee, and may cancel 15 days after giving that notice. Ask for the trustee’s name and address when you sign. [6]

An irrevocable contract cannot be revoked, but the purchaser may transfer it to a successor seller by written notice to the trustee and the original seller. Within 15 days after receiving the notice, the trustee lists the successor seller and the original seller must transfer all rights under the contract; the trustee then confirms the transfer in writing. Keep that confirmation with your papers. [6]

If the beneficiary dies and the funeral is provided by someone other than the seller, the seller must direct the trustee, within 30 days after receiving notice, to pay the contract beneficiary all funds held, less the trustee’s fees, distributions and expenses. If the balance is more than the price of the goods and services provided, the excess is refunded to the estate, and that amount may be subject to claims of New Hampshire or the United States. Ask the seller to confirm in writing when it has directed the trustee. [6]