Notifying the DEA when someone dies
Family member is responsible for notifying the DEA
OverviewWhen someone dies
DEA Diversion Control Division
Phone1-800-882-9539
Mailing Address
8701 Morrissette Drive, Springfield, VA 22152
WebsiteVisit website→
Drug Disposal Information (Diversion Control Division)
Phone1-800-882-9539
Timeline
Authorized-collector drop-off and Take Back Day disposal are completed in a single visit. Registrant-inventory destruction and surrender of the DEA registration vary by state and by the disposal method chosen (on-site destruction, reverse distributor pick-up, or DEA-coordinated destruction).
WebsiteLearn more →
Verified Jul 2026
When someone dies, the Drug Enforcement Administration (DEA) must be notified. The family member is responsible for notifying the DEA.
Notification deadline: No fixed statutory deadline; dispose of household prescription medications as soon as practical to prevent diversion. Registrant-inventory disposal and surrender of the DEA registration should be initiated promptly by the executor or personal representative..
Steps to take
Steps for notifying the DEA and applying for survivor benefits:
1
Inventory the deceased's prescription medications and identify the controlled substances:
- •Check the pharmacy label — controlled substances are typically labeled with the schedule (e.g., "CII", "CIII", "CIV") or the DEA caution statement about transfer
- •Common examples include opioid pain medications, ADHD stimulants, benzodiazepines, and many sleep aids
- •Keep medications in their original containers until disposal — most authorized collectors accept the bottles intact
2
Find a year-round DEA-authorized collection location:
- •Search the Year-Round Drop-Off Locations Search Utility by zip code at apps.deadiversion.usdoj.gov/pubdispsearch
- •Authorized collectors include many retail pharmacies, hospitals, clinics, and law enforcement offices
- •Drop the medications into a collection receptacle (21 CFR 1317.75) — no questions asked, no ID required for ultimate users
3
Use National Prescription Drug Take Back Day for a no-cost periodic drop-off:
- •DEA holds National Prescription Drug Take Back Day twice a year, typically in April and October
- •Locate a Take Back Day collection site at www.dea.gov/takebackday on the event date
- •Tablets, capsules, patches, and other solid pharmaceutical dosage forms are accepted; needles and sharps are not
4
If no collector is available, follow the FDA home-disposal guidance:
- •Check whether the medication is on the FDA Flush List (fda.gov) — certain high-risk medications, including some opioids, are recommended for immediate flushing if no take-back option is available
- •For medications not on the flush list, follow EPA home-disposal guidance: mix with an unappealing substance (used coffee grounds, dirt, kitty litter), place in a sealed bag or container, and throw in household trash
- •Scratch out personal information on the prescription label before discarding the empty container
5
If the decedent was a DEA-registered practitioner, dispose of the registrant inventory separately:
- •The executor or personal representative contacts the DEA Diversion Control Division at 1-800-882-9539 for guidance specific to the registrant's state and circumstances
- •Disposal options under 21 CFR 1317.05 include on-site destruction under Subpart C, delivery to a registered reverse distributor, or coordination with the local DEA Special Agent in Charge
- •Complete DEA Form 41 (Registrant Record of Controlled Substances Destroyed) listing each controlled substance destroyed; retain the form for at least two years per 21 U.S.C. 827
- •Surrender the deceased registrant's DEA Certificate of Registration to the DEA so the registration is closed
6
Report any theft or significant loss of the deceased's controlled substances to DEA on DEA Form 106 (Report Theft/Loss of Controlled Substances) submitted through the DEA Theft/Loss Reporting (TLR) system.
Required Documents
- Original prescription containers for the deceased's controlled-substance medications (helpful for authorized collectors but not required)
- For registrant disposal: the deceased's DEA Certificate of Registration
- For registrant disposal: completed DEA Form 41 listing the controlled substances destroyed
- Letters testamentary or letters of administration showing the executor or personal representative has authority to act for the estate
- Certified copy of the death certificate (typically requested by reverse distributors and when surrendering the DEA registration)
Timeline
Authorized-collector drop-off and Take Back Day disposal are completed in a single visit. Registrant-inventory destruction and surrender of the DEA registration vary by state and by the disposal method chosen (on-site destruction, reverse distributor pick-up, or DEA-coordinated destruction).
Frequently asked questions
The simplest path is to drop them at a DEA-authorized collector. Search the Year-Round Drop-Off Locations Search Utility at apps.deadiversion.usdoj.gov/pubdispsearch by zip code to find a pharmacy, hospital, or law enforcement office near you with a collection receptacle. Most retail pharmacies accept tablets, capsules, and patches in their original containers, with no ID or questions asked.
No. Controlled substances are prescribed to a specific person under federal law. Using or possessing another person's controlled-substance prescription is unlawful. The Controlled Substances Act treats the deceased's prescriptions as property that the executor or family is responsible for disposing of, not transferring.
Disposal of a DEA registrant's professional inventory is governed by 21 CFR Part 1317 Subpart A, not the ordinary household path. The executor or personal representative should contact the DEA Diversion Control Division at 1-800-882-9539 for guidance. Options under 21 CFR 1317.05 include on-site destruction, transfer to a registered reverse distributor, or coordination with the local DEA Special Agent in Charge. DEA Form 41 (Registrant Record of Controlled Substances Destroyed) is completed and retained as the record of destruction, and the DEA Certificate of Registration is surrendered to close the registration.
DEA Form 41 is the Registrant Record of Controlled Substances Destroyed. It is the form a DEA-registered practitioner (or, after death, their executor coordinating with DEA) uses to document the destruction of controlled substances from the registrant's inventory. Per the form's instructions, it is kept as a record of destruction and must be available for inspection by DEA for at least two years under 21 U.S.C. 827. Only DEA registrants and persons authorized by DEA may use the form.
After the controlled substances in the registrant's inventory have been disposed of under 21 CFR Part 1317 Subpart A, the executor or personal representative surrenders the deceased's DEA Certificate of Registration to the DEA so the registration is closed. Contact the Diversion Control Division at 1-800-882-9539 or DEA.Registration.Help@dea.gov for the surrender procedure in the practitioner's state.
Theft or significant loss of controlled substances must be reported to DEA on DEA Form 106 (Report Theft/Loss of Controlled Substances), submitted through the DEA Theft/Loss Reporting (TLR) system. This applies primarily to losses from a registrant's inventory; loss of household prescriptions is generally reported to local law enforcement.
Keep copies of all documents submitted to the DEA. Original documents submitted for verification are typically returned after processing.
DEA Diversion Control Division
Phone1-800-882-9539
Mailing Address
8701 Morrissette Drive, Springfield, VA 22152
WebsiteVisit website→
Drug Disposal Information (Diversion Control Division)
Phone1-800-882-9539
Timeline
Authorized-collector drop-off and Take Back Day disposal are completed in a single visit. Registrant-inventory destruction and surrender of the DEA registration vary by state and by the disposal method chosen (on-site destruction, reverse distributor pick-up, or DEA-coordinated destruction).
WebsiteLearn more →
Verified Jul 2026