Funeral Home Litigation
When the funeral home delays the burial or cremation
The arrangements were made and the date was set. Then the days went by. The family heard that paperwork was missing, that a permit was coming, that the crematory was busy. For some families, timing also matters for religious or personal reasons. Others are still waiting for the ashes they were promised.
Florida law sets specific rules on timing and storage.
Call (305) 209-0384 Read the questions first ↓
Read the questions first
What Florida law says
- Cremation within 48 hours of the agreed time. A cremation must be performed within 48 hours after a specified time agreed to in writing by the person who authorized it (§ 497.607(1), Fla. Stat.).
- Storage while waiting. A body held more than 24 hours must be refrigerated at 40 degrees Fahrenheit or below, or embalmed, or otherwise preserved in an approved manner (§ 497.386(2)).
- Honoring the contract. Failing without reasonable justification to timely honor a funeral or burial contract is grounds for discipline (§ 497.152(13)(a)).
- Releasing the body on request. Refusing to promptly surrender a body on the express order of the legally authorized person is grounds for discipline, subject to state and local custody and transport rules (§ 497.152(8)(b)).
- Transport papers. A body may be transported only with a properly completed burial-transit permit (§ 497.386(3)).
What the law may provide
Florida lets any person bring a civil action against a licensee that violates Chapter 497, for actual damages, punitive damages as the common law allows, and other relief (§ 497.169(1)). Depending on the facts, a family may also have claims for breach of the funeral contract or negligence. Your family's emotional harm matters. The Florida Supreme Court is now considering when Florida law allows recovery for emotional harm without a physical injury, and we will explain how the law stands for your situation.
What to keep and request
- The contract and any signed cremation authorization, including the agreed date and time.
- A timeline: date of death, pickup, every promised date, and every excuse given.
- All texts, emails, and call notes.
- Receipts for payments made.
- A written request asking where your loved one is now, the reason for the delay, and the dates any permits were requested and issued.
The deadline
Two years. Florida law gives a negligence claim two years (§ 95.11(5)(a)). Some claims may carry a longer period, but no family should bet on that. We treat two years from the day it happened as the deadline in every case, and you should too. If you only just found out, call anyway: when the clock started is a question we answer case by case.
What to do first
If your loved one is still waiting, call now. Put your request for a date, or for release of your loved one, in writing. Keep every message. See What to do right now and, if the funeral home will not let your loved one go, Remains withheld.
Questions families ask
Is there a legal time limit for a cremation?
Yes. Florida requires the cremation to be performed within 48 hours after the time agreed to in writing by the person who authorized it. That is why the signed authorization and the agreed time matter.
Can we move our loved one to another funeral home?
The legally authorized person can order the funeral home to release the body, and refusing to do so promptly is grounds for discipline, subject to custody and transport rules. Put the request in writing and call us if it is refused.
The funeral home blames the medical examiner or the paperwork. Is that a valid excuse?
Sometimes. Some delays are outside a funeral home's control. Florida's rule is that a contract must be honored on time unless there is a reasonable justification. The records show which delays were real. While waiting, the body must be properly stored.
How long do I have?
Two years from the day it happened is the deadline we use in every case. If your loved one is still waiting, do not wait to call.
Talk to Dennis
When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.
You can read about some of our past cases on our Results page.
Former Miami-Dade prosecutor · Since 2012 · Super Lawyers Rising Stars · Avvo Rating 10.0
Related
- Remains or ashes held backWhen a funeral home will not release a body or ashes to the family.
- Wrongful cremationWhen a body is cremated without the family's authorization, or the wrong body is cremated.
- Decomposition and refrigeration failuresWhen a body was not kept cold or preserved and decomposed.
- What to do right nowNine steps to protect your family and the evidence, starting today.