What Are the Burial and Cremation Laws in New Hampshire?

New Hampshire imposes a 48-hour minimum waiting periodN.H. RSA 325-A:1Verified Jul 13, 2026View source before cremation. A medical examiner or coroner authorizes the cremation before it proceeds. Authorizing agent (person with custody and control per RSA 290, as defined in RSA 325-A:1, II) must sign a cremation authorization form (RSA 325-A:22, I-II). The crematory must also receive a completed permit for transit or cremation and a delivery receipt form (RSA 325-A:22, I; RSA 325-A:19, I). A medical examiner certificate is required confirming personal inquiry into cause and manner of death (RSA 325-A:18, I).

New Hampshire sets a statutory order for who controls the disposition of remains: surviving spouse, then surviving adult son or daughter, then surviving parentN.H. RSA 290:16-290:17Verified Jul 13, 2026View source. The state allows you to name your own agent in a signed, written documentN.H. RSA 290:17Verified Jul 13, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.

Embalming is not required by lawN.H. RSA 290:1Verified Jul 13, 2026View source in New Hampshire. No New Hampshire law requires embalming. RSA 325:40-b gives a funeral home three alternatives when final disposition has not occurred within 48 hours after it takes actual physical custody of the body: embalm the body, maintain it under 40 degrees Fahrenheit, or encase it in a closed container with methods employed to prevent leakage. Refrigeration is therefore always an available substitute for embalming.

In New Hampshire, a licensed funeral director is not required — a family may legally direct the disposition itselfN.H. RSA 290:1Verified Jul 13, 2026View source. New Hampshire law does not require a licensed funeral director to direct disposition. RSA 290:3 expressly assigns the duty of obtaining the burial permit to "the funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17"; RSA 290:1 assigns the death record to the same three, and RSA 290:6 assigns the post-burial return of the permit to the same three. RSA 290:17 vests custody and control of the remains in the designated agent or next of kin.