Funerals, Cremations and Cemetery
Plots in New York State
The end-of-life process is still
something that is little discussed in our culture until the need arises,
and then we are faced with a sometimes-overwhelming task. This article
aims to give you an overview of the process of arranging a funeral in New
York State and help direct you in where to start.
There are some 1700 funeral
homes and mortuaries in New York, and in the region of some 600 cemeteries,
crematories, and Memorial Parks.
New York is ranked as the
third most populated state in the United States, with New York City as
the largest metro area in the U.S, with a population of around 8 million.
There are 62 major cities in New York, and the state is often divided into
8 major regions – North Country New York, Western New York, Central New
York, Capital District, Southern Tier, Hudson Valley, New York City and
Long Island.
This can mean that locating
a funeral home in New York can be a daunting task. Apart from the
numerous funeral directories, there are useful consumer information resource
sites that try and guide you through the process of arranging a funeral
in New York.
New York State Department
of Health provides a helpful consumer guide, and many of the important
aspects of legislation about funerals, cremations and the disposition of
human remains are included here.
The New York State Funeral
Directors Association also provides consumers with information to help
you choose a funeral home and make end-of-life decisions.
Funeral Costs in New York
The average price of a funeral
in New York these days can amount to in excess of $8,000, and this can
be a complete financial burden to those arranging a funeral service if
no pre-planning for funeral expenses were in place. This cost does
not take into account cemetery plot costs. The purchase of a cemetery
plot or grave space in New York can vary significantly depending upon the
area. Cemetery plots in and around New York City can be excessively
expensive due to the premium of available green space. An option
is to consider the purchase of a cemetery plot being re-sold by someone
who had purchased a plot but no longer requires it. You are required
to have a cemetery deed, which is the document that determines your legal
right to the cemetery plot.
This means that a traditional
funeral service involving a burial in New York can amount to a cost in
excess of $10,000. However, more affordable funeral options are available
and cremation is fast becoming a preferred means of disposition to those
working on a budget, or choosing not to opt for a traditional burial.
A basic cremation in New York can start from as little as $700 if no service
is performed.
All funeral homes in New
York are required by law to provide you with a General Price List that
clearly lists the prices for all their services. A funeral home should
provide you with information about all the services available to you, but
at no time should pressure you into a sale.
Disposition Arrangements in
New York
In New York State only a registered,
licensed funeral director can carry out funeral arrangements for the death
care of a deceased person. The funeral director will file the death
certificate and make the necessary arrangements, in accordance with family
wishes, for the disposition of the deceased.
Cremations in New York
Cremation is growing in popularity
in the U.S., largely as it proves much more affordable than a traditional
burial. A cremation can be carried out in New York State from as
little as $700. The price of a cremation does vary depending on the
local area, and the crematory fee. A cremation can be a simple disposition
with no service, the ashes returned to the family, who can then organize
a memorial service themselves. Or it can be as elaborate as a traditional
funeral just the difference being the cremation of the casket and deceased
as opposed to a burial.
Who Can Authorize a Cremation
or Burial in New York
State law designates that an
“agent” appointed to control the disposition of remains by written instrument
has priority to control the disposition. After that the priority
is given to:
-
Surviving spouse;
-
Domestic partner
-
Any of the decedent's surviving
children over the age of 18
-
Either of the decedent's parents
-
Any of the decedent's surviving
siblings (brothers or sisters) over the age of 18
-
A guardian appointed pursuant
to Article 17 or Article 17-a of the Surrogate's Court Procedure Act (SCPA)
or Article 81 of the Mental Hygiene Law
-
Person 18 years or older now
eligible to receive an estate distribution, in the following order:
-
Grandchildren
-
Great-grandchildren
-
Nieces and nephews
-
Grand-nieces and grand-nephews
-
Grandparents
-
Aunts and uncles
-
First cousins
-
Great-grandchildren of Grandparents
-
Second cousins
-
The duly appointed fiduciary
of the decedent's estate
-
Close friend or other relative
who is reasonably familiar with the decedent's wishes, including his or
her religious or moral beliefs, when no one higher on the list is available,
willing, or competent to act; (Note: This person must complete an "At-Need
Written Statement of Person Having the Right to Control Disposition" form)
-
Public Administrator
With the increase in the divorce
rate and the growing number of second marriages and stepchildren, the benefit
of appointing an agent is to ensure that your disposition wishes are carried
out without any family disagreements.
Prepayment Funeral Plans in
New York
Preplanning and prepaying a
funeral can enable you to take the financial burden from surviving family
and also ensure your own wishes are clearly met. State law regulates
pre-need funeral plans in New York. For further information visit
‘Before
Prepaying Your Funeral, Know Your Rights’ on the New York State Department
of Health’s web site.
Death Certificates in New York
The funeral home will usually
obtain the necessary death certificates for you as part of their services.
They can only charge you the actual fee, which is $15 in New York City
and $10 or less in the rest of New York State. You will need certified
copies to formally register the death of the deceased with government institutions,
banks and insurance companies, etc.
Embalming in New York
A body does not have to be embalmed
according to New York State law. However, some funeral homes will
stipulate that embalming is required dependent on certain services.
For example if an open casket viewing or service is performed, or if a
body is being transported across state lines.
Caskets in New York
You do NOT have to use a casket
according to New York State legislation. You DO require a “suitable
container”, and the law allows for this to be an unfinished wooden box
or “alternative container” made from other composition materials, canvas,
cardboard or pressed wood. Although grave liners and/or burial vaults
are NOT required by state law, some New York cemeteries do stipulate that
they require them to prevent the ground sinking around a cemetery plot.
It is strongly advised that you check a cemetery’s requirements before
committing to purchase a cemetery plot.
Jewish Funerals in New York
There are a number of funeral
homes in New York that offer Jewish Funeral Services and follow Jewish
customs and rituals.
When a Death Occurs Outside
of New York
If a loved one dies away from
his/her home in New York, then you may need to arrange to have the body
collected and returned to New York for disposition. This can mean
liaising with two funeral homes, or you may find that your local funeral
home in New York will be able to coordinate the transfer of remains for
you. Visit our page on Air
Transportation of Deceased for more information on domestic and international
transfers. Ground transportation can also be an option if the deceased
is within the U.S. In many cases it is often easier and more cost-effective
to arrange a cremation wherever your loved one died and then transport
the ashes back to New York.
Whole Body Donation in New York
Donating your body to medical
science has been an end-of-life choice around for some time now, however,
it has certainly gained more popularity in recent times. For many
it now seems a valuable disposition method hence why it is commonly referred
to as an “anatomical gift”. Biogift.org
is a national organization that offers an anatomical gift program whereby
you can donate your body to science and the benefit of future generations.
They arrange the collection of the deceased, medical donation, cremation
of remains and return of cremains to the family usually at no charge.
There are also a number of Universities and Medical Schools in New York
that operate whole body donation programs.
If you have a complaint about
how a funeral was conducted in New York
If have a grievance with a funeral
home in New York and they do not resolve it to your satisfaction, you may
take up your complaint with the New York State Department of Health.
You must file a complaint in writing to:
New York State Department
of Health
Bureau of Funeral Directing
Hedley Park Place
433 River Street Suite 303
Troy, New York 12180
New York State Funeral
Directors Association, Inc.
426 New Karner Road
Albany, NY 12205
Phone: 518-452-8230
Fax: 518-452-8667
New York State is divided into
62 counties:
Albany County, Allegany
County, Bronx County, Broome County, Cattaraugus County, Cayuga County,
Chautauqua County, Chemung County, Chenango County, Clinton County, Columbia
County, Cortland County, Delaware County, Dutchess County, Erie County,
Essex County, Franklin County, Fulton County, Genesee County, Greene County,
Hamilton County, Herkimer County, Jefferson County, Kings County, Lewis
County, Livingston County, Madison County, Monroe County, Montgomery County,
Nassau County, New York County, Niagara County, Oneida County, Onondaga
County, Ontario County, Orange County, Orleans County, Oswego County, Otsego
County, Putnam County, Queens County, Rensselaer County, Richmond County,
Rockland County, Saint Lawrence County, Saratoga County, Schenectady County,
Schoharie County, Schuyler County, Seneca County, Steuben County, Suffolk
County, Sullivan County, Tioga County, Tompkins County, Ulster County,
Warren County, Washington County, Wayne County, Westchester County, Wyoming
County, Yates County
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