Your rights
Funeral Fees: What Is Optional and What Is Required
Reviewed by the Plainfare editorial team · Updated June 3, 2026
Most funeral charges are optional. Under the FTC Funeral Rule (16 CFR Part 453), a funeral home must price each good and service separately, and you have the right to buy only the items you want. The single charge a funeral home is allowed to require on every arrangement is the basic services fee. The list below sorts the most common line items into required, optional, and conditional, so you can recognize when a charge is being presented as mandatory when it is not.
How to use this list
Read it next to a funeral home General Price List. For each line on their price list, check whether it is something you actually want. If a provider tells you an optional item is required, ask them to show you where the law says so; under the Funeral Rule they cannot misrepresent legal requirements.
Conditional means the item is not required by federal law, but a third party such as a cemetery or a state law in a specific circumstance may require it. The funeral home must tell you the real reason and may not claim a general legal requirement that does not exist.
Optional vs required, item by item
| Charge | Status | What to know |
|---|---|---|
| Basic services fee | Required The only fee a funeral home may require on every arrangement. It covers the funeral director and staff for planning, permits, and coordination, and must appear on the General Price List. FTC Funeral Rule, 16 CFR Part 453. | The only fee a funeral home may require on every arrangement. It covers the funeral director and staff for planning, permits, and coordination, and must appear on the General Price List. FTC Funeral Rule, 16 CFR Part 453. |
| Embalming | Optional Rarely required by law. A funeral home must tell you embalming is not required in most cases and may not charge for embalming performed without your permission. 16 CFR Part 453. | Rarely required by law. A funeral home must tell you embalming is not required in most cases and may not charge for embalming performed without your permission. 16 CFR Part 453. |
| Other preparation of the body (washing, dressing, cosmetics) | Optional Priced separately and chosen only if you want a viewing or open casket. | Priced separately and chosen only if you want a viewing or open casket. |
| Use of facilities for viewing or visitation | Optional A room rental you pay for only if you hold a viewing at the funeral home. | A room rental you pay for only if you hold a viewing at the funeral home. |
| Use of facilities for a ceremony | Optional Chapel or ceremony space rental; not needed if the service is held elsewhere or not at all. | Chapel or ceremony space rental; not needed if the service is held elsewhere or not at all. |
| Transfer of remains to the funeral home | Optional An itemized transportation charge you pay only if the funeral home performs the transfer. | An itemized transportation charge you pay only if the funeral home performs the transfer. |
| Hearse | Optional A vehicle to carry the casket; needed only for a procession to a cemetery or crematory. | A vehicle to carry the casket; needed only for a procession to a cemetery or crematory. |
| Service car or limousine | Optional Family transportation, chosen at your discretion. | Family transportation, chosen at your discretion. |
| Casket | Optional You may buy a casket from any third-party seller, and the funeral home must use it without charging a handling fee. 16 CFR 453.4(b). | You may buy a casket from any third-party seller, and the funeral home must use it without charging a handling fee. 16 CFR 453.4(b). |
| Outer burial container or vault | Conditional Not required by any federal law. Some cemeteries require one to support the ground, but the funeral home may not claim the law requires it. 16 CFR Part 453. | Not required by any federal law. Some cemeteries require one to support the ground, but the funeral home may not claim the law requires it. 16 CFR Part 453. |
| Alternative container for direct cremation | Optional A funeral home may not require a casket for direct cremation and must make an unfinished wood box or alternative container available. 16 CFR 453.4(a). | A funeral home may not require a casket for direct cremation and must make an unfinished wood box or alternative container available. 16 CFR 453.4(a). |
| Cash advance items (obituary notices, clergy honoraria, flowers, death certificates) | Conditional Items the funeral home buys on your behalf. If they charge you more than their actual cost, the Funeral Rule requires them to disclose that. 16 CFR Part 453. | Items the funeral home buys on your behalf. If they charge you more than their actual cost, the Funeral Rule requires them to disclose that. 16 CFR Part 453. |
| Direct cremation package | Optional A low-cost option with no viewing or ceremony; one of the least expensive ways to handle disposition. | A low-cost option with no viewing or ceremony; one of the least expensive ways to handle disposition. |
| Immediate burial package | Optional Burial soon after death without a viewing or formal ceremony, which removes most optional charges. | Burial soon after death without a viewing or formal ceremony, which removes most optional charges. |
Legal points reference the FTC Funeral Rule, 16 CFR Part 453. Always confirm specifics with the provider and your state regulations.
Common questions
What is the only funeral fee I cannot decline?
The basic services fee. Under the FTC Funeral Rule it is the single non-declinable charge a funeral home may require, and it must be listed on the General Price List.
Is embalming legally required?
In most cases, no. Embalming is rarely required by law. A funeral home may not present it as required when it is not, and cannot charge for embalming done without your permission unless a specific state law applies.
Can a funeral home make me buy a casket from them?
No. You may buy a casket or urn from any third-party seller, including online, and the funeral home must use it without charging a handling fee. 16 CFR 453.4(b).
Is a burial vault required by law?
No federal law requires a vault or outer burial container. Some cemeteries require one as a condition of burial, but a funeral home may not tell you the law requires it.
What is a cash advance item?
A good or service the funeral home pays for on your behalf, such as an obituary, clergy honorarium, flowers, or death certificates. If the funeral home marks it up above its cost, the Funeral Rule requires them to disclose that.
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