South Carolina cremation, cemetery and preneed funeral rights

In South Carolina only a licensed crematory may perform cremations. Remains may not be cremated until 24 hours after the time of death shown on the death certificate, unless the decedent is known to have had an infectious or dangerous disease and the attending physician, medical examiner or coroner waives the wait in writing. Ask the funeral home which crematory it uses. [1][2]

A crematory or funeral establishment may require an alternative container, but it may not require you to buy a casket for viewing or for the cremation itself. A crematory also may not refuse remains because they are not embalmed. Ask for the price of an alternative container and compare it with the casket prices you are shown. [1][2]

A licensed perpetual care cemetery must deposit in its care and maintenance trust fund at least $40 or 10% of the sale price, whichever is greater, for each grave space and niche, and at least $100 or 5% of the sales price, whichever is greater, for each mausoleum crypt, within 60 days of final payment. A cemetery that offers perpetual care in some sections only must mark them with signs, and a section designated “Perpetual Care” may not later be changed to “No Perpetual Care”. Ask which section your space is in. [3][5]

For cemetery merchandise bought before it is needed, such as a memorial or mausoleum crypt, a licensed cemetery must, once you have paid in full, store or warehouse the merchandise, bond it, or deposit funds in a merchandise account. Where merchandise is not installed, delivered or bonded until later, the deposit is 100% of the seller’s actual cost, not the price you paid. After paying in full and before delivery, you may make a written demand for a refund; within 90 days the cemetery must either deliver the merchandise or refund the amount on deposit to your credit, so a cash refund is not guaranteed. Ask how your purchase will be secured. [3][4]

The Perpetual Care Cemetery Act does not apply to several kinds of cemetery, including governmental, nonprofit and church cemeteries and family burial grounds. That exemption does not by itself tell you what care such a cemetery provides. Ask for its written care arrangements and how they are funded. [6]

Money paid on a South Carolina preneed funeral contract is held in trust, except for contracts funded by insurance policies. The funeral home is the trustee and must deposit the money in a federally insured account within 30 days; earnings stay in the trust, except that the provider may withdraw 10% of annual earnings for administration. Contracts must be in writing on a form approved by the Department of Consumer Affairs and must show the provider’s and seller’s license numbers. Ask whether your contract is trust-funded or insurance-funded. [7][8]

For a trust-funded contract that is not irrevocable, the trustee must refund the entire amount paid with all earnings within 30 days of your written demand, except that the provider may keep 10% of the earnings for the part of the final year before termination. Separately, if a purchaser fails to make payments, the provider may choose to void the contract, keep 10% of the amount paid as a fee and return the rest. Make any refund demand in writing and keep a copy. [10][7]

A purchaser may choose to make a contract irrevocable and must then be allowed 30 days to examine it; within that period the purchaser may revoke the decision and all money paid must be refunded. After that, the written-demand refund does not apply to an irrevocable contract. Check whether you are making that choice before you sign. [9][10]

A preneed contract may be transferred to another provider on the prior written request of the purchaser, or of the beneficiary of a deceased purchaser, or under the statute’s separate procedure in section 32-7-45. For a trust-funded contract, the original provider is paid 10% of the contract face amount plus 10% of the earnings for the final part-year; for an insurance-funded contract, the original provider may not charge a transfer fee. Ask for the transfer cost in writing before you request a move. [11]