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If you are interested in holding a home funeral for a loved one who has died, you’ll need to be aware of the laws that apply. Here is an overview of the rules that govern home funerals in Delaware.

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Do You Need a Funeral Director in Delaware?

In all states, it is legal to have your loved one’s body at home after they die. Delaware law does not require you to involve a licensed funeral director in making or carrying out final arrangements. (See, for example, 16 Delaware Code §§ 3151 and 3152 (2018), which allow the “funeral director or person acting as such” to obtain a burial-transit permit.)

Who Has the Right to Make Funeral Arrangements in Delaware?

Delaware law determines who has the right to make final decisions about a person’s body and funeral services. This right and responsibility goes to the following people, in order:

  • you, if you make a written declaration before your death
  • your surviving spouse, unless you are legally separated
  • the personal representative or administrator of your estate, if one has been appointed
  • your adult child, or a majority of your children if you have more than one
  • your parents
  • your siblings
  • your next of kin
  • any person willing to take on the responsibility, or
  • a person appointed by the probate court.

(Delaware Code, Title 12, Ch. 2, § 264 (2018).)

Making a declaration form.To make a valid document appointing someone to carry out your final wishes, you must write down what you want, then sign and date your document. You may sign your declaration in front of a notary public, but it’s not legally necessary to do so. (Delaware Code, Title 12, Ch. 2, § 266. (2018))

You can find Delaware’s official “Declaration of Disposition of Last Remains” form inDelaware Code, Title 12, Ch.2, § 265 (2018). You can also make up your own form, as long as the language you use is substantially the same as the statutory form.

For more information about making an advance directive in Delaware, see Living Wills & Medical Powers of Attorney.

Note that, if you are in the military, you may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.

Who pays for your funeral arrangements? You can either pay for your plans before you die, or you can set aside money for your survivors to use for this purpose. If you don’t do either of these things, and there’s not enough money in your estate to pay for funeral goods and services, your survivors must cover the costs.

Must the Body Be Embalmed?

Embalming is usually not required. In Delaware, a body must be embalmed, refrigerated, or placed in a hermetically sealed casket only if disposition does not occur within 24 hours. (See 16 Delaware Administrative Code § 4204-3.0 (2018).) If the body will be transported by “common carrier” -- such as an airplane or train -- it must reach its destination within 24 hours and be contained in a metal or metal-lined and permanently-sealed casket. Otherwise, the body must be embalmed. (16 Delaware Administrative Code § 4204-7.0 (2018).)

Refrigeration or dry ice can usually preserve a body for a short time. Far cry 3 english sound pack downlaod. There are resources available to help you learn to prepare a body at home for burial or cremation. The website of the National Home Funeral Alliance is a good place to start.

If the person died of a contagious disease, you should consult a doctor.

Getting a Death Certificate in Delaware

If you will not be using a funeral director to carry out final arrangements, you must complete and file the death certificate yourself. Delaware law requires you to file the death certificate with the office of vital statistics within three days of the death and before you dispose of the remains. (See 16 Delaware Code § 3123 (2018).)

The deceased person’s doctor, the chief medical officer of the institution where the person died, or another approved medical provider must complete the medical portion of the death certificate within 48 hours. (16 Delaware Code § 3123 (2018).)

Delaware now uses an electronic death registration system, but you can still obtain paper death certificates from the attending physician, a hospital, or the medical examiner. This person will supply the date, time, and cause of death before returning the certificate to you for completion and filing.

You will need certified copies of the death certificate to carry out certain tasks after the death, such as getting a permit to transport the body to the place of burial or cremation. You may be able to file the death certificate and get certified copies the same day. If not, you will have to make a return trip to pick up the copies. Be prepared to pay a small fee for each copy.

Getting a Permit to Transport the Body

You must obtain a burial-transit permit before you:

  • handle the final disposition of remains, or
  • arrange to transport the body by common carrier.

You will need a certified copy of the death certificate to obtain the burial-transit permit from the office of vital statistics. For details, see 16 Delaware Code §§ 3151 and 3152, and 16 Delaware Administrative Code § 4204-8.0.

Can You Bury a Body at Home in Delaware?

There are no laws in Delaware that prohibit home burial, but you should check local zoning rules before burying a body on private land or establishing a family cemetery. You can most likely hold a home burial if you live in a rural area.

What About Cremation?

Some crematories require that you use a funeral director to arrange cremation. If you don’t want to use a funeral director, make sure the crematory is willing to accept the body directly from the family. A medical examiner must issue a permit before a body can be cremated, but there are no laws in Delaware restricting the disposition of the ashes. (For additional details, see 16 Delaware Code § 3159 (2018).)

For more information about cremation, including information on scattering ashes, see Burial & Cremation Laws in Delaware.

Getting Help With Home Funerals

Even the most staunch home funeral advocates know that learning to care for one’s own dead can be difficult, especially during a time of grief. If you need help, there are people available to coach you through the process. You can find local guides, consultants, and other resources by visiting the National Home Funeral Alliance website. The book Final Rights, by Joshua Slocum and Lisa Carlson, also offers extensive information on the subject.

For more information about final arrangements and documenting your final wishes in advance, see Nolo’s section on Getting Your Affairs in Order.

In Quicken WillMaker Plus, a 'WillMaker File' is the file where your documents and contacts are saved. WillMaker Files have the extension '.pfl' and we sometimes refer to them as a WillMaker 'portfolio.'

This 'one file' approach offers important advantages:

  • You can easily share contact information (and changes in that information) among documents.
  • It helps prevent confusion that might arise from keeping your documents in multiple places.

This part of the Users' Manual describes how to create and save WillMaker Files, password-protect them and back them up.

Quicken WillMaker Plus uses the name you enter in the introduction to create a WillMaker File for you.

We recommend that each person creates a separate WillMaker File file, to avoid confusion about whose documents are in what file. Learn more about sharing WillMaker portfolios.

If you decide to create additional WillMaker Files, you can return to the 'Enter Your Name' screen. To do this:

  1. Go to the Enter Your Name screen by choosing File > New WillMaker File File (Windows) or File > New (Mac).
  2. Type your name (or, if the file is for someone else, his or her name) in the text entry box.
  3. Click Next.
  4. When you next see the Save File dialog box (either now or later, depending on your saving preferences), check that the default file name and save location are what you want, then click Save. For more information about saving WillMaker Files, see Saving Your WillMaker File, below.

Unless you specify otherwise, the program names the file 'WillMaker [year] File of [name you entered].pfl' and saves it to your Documents (Windows 7, 8, and 10 and Mac) folder. It also creates an identical backup file to use if a problem occurs with the original file. (To find out more about backup files, see Opening a Backup WillMaker File, below.)

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Opening a WillMaker File

Each time you start Quicken WillMaker Plus, the program opens the WillMaker File that was open the last time the program was used. You can't have more than one WillMaker File open at a time so, if you open another WillMaker File, the program closes the one that was open.

How you open a WillMaker File depends on how recently you've used it.

Opening a WillMaker File You've Used Recently

To open a WillMaker File you used recently:

  1. Choose File > Recent Files (Windows) or File > Open Recent (Mac) to see a submenu of recently used WillMaker Files.
  2. Click the name of the WillMaker File you want to use.

The program opens the WillMaker File you selected.

Opening a WillMaker File You Haven't Used Recently

To open a WillMaker File that hasn't been recently used:

  1. Choose File > Open WillMaker File (Windows) or File > Open (Mac) to bring up the standard Open dialog box used for opening files.
  2. Locate the file you want to open. In most cases, it will be in your Documents folder. If you can't find it, use the Windows Search feature to search for all files on your computer with a '.pfl' file extension.
  3. Click Open.

After you open a file created with a pre-2017 version of the program for the first time, you'll see a message about file conversion (confirming that you converted an older file into the current format). Also, you will confirm, or change, your name.

Caution: Some documents from older versions of the program can't be converted. If you've opened a WillMaker File created with a pre-2017 version of Quicken WillMaker Plus for the first time, it's possible that some of your old documents won't appear in the Document List. This happens only if we've made such substantial revisions to a document that we can no longer support earlier versions -- or if the document template in question is no longer available in the program. In addition, you may be required to review some document interviews completed in your pre-2017 version of WillMaker before you can print them out in a newer edition.

If the Automatically save changes feature is turned on in the program preferences, the program automatically saves data to the currently open WillMaker File as you move from one interview screen to the next. If this feature is turned off, you'll need to save data manually.

To find out how to save data manually and how to change your program preferences, see Saving Your Data.

Protecting Your WillMaker File

If your computer has multiple users, you may want to ensure the privacy of your Quicken WillMaker Plus documents by assigning your WillMaker File a password. Once you've done so, no one can unlock your WillMaker File without knowing the password.

Locking a WillMaker File

To lock the currently open WillMaker File:

  1. Choose File > Lock WillMaker File to open the New Password dialog box.
  2. Enter the password (the program asks you to do this twice to double check it), along with a hint to help you remember it. Note that your password is case sensitive.
  3. Click OK for this dialog box and the next one, which confirms that your WillMaker File is locked.

The next time you open the WillMaker File, you'll see a WillMaker File Locked dialog box before it opens. You'll then enter the password and click OK to open the file.

To prevent unauthorized users from viewing or changing your documents, your locked WillMaker File is encrypted using the Advanced Encryption Standard (AES) with a key size of 256 bits. AES is an official U.S. government standard for protecting sensitive information. Cryptography experts have analyzed AES extensively and consider it very secure.

If you've forgotten your password, you will not be able to open your WillMaker File. Nolo cannot help you unlock files that have been locked with a password. We suggest you enter a hint to help you remember it. If you are afraid of forgetting your password in the future, try using other security alternatives. For example, you may want to copy your WillMaker File to a CD-R or USB flash drive and erase the original from your hard disk. Then place the CD-R or flash drive in a safe or safe deposit box.

Tip: Choosing your hint. When you choose your password, make your hint as useful as possible. For example, instead of 'name of favorite horse' for your hint, say 'name of favorite horse (no caps or abbreviations)' to help you remember you spelled it mistered instead of, say, MrEd. Once your WillMaker File is locked, you open it by entering the correct password first. While you can unlock a WillMaker File and change its password (see below), you can only do so when the WillMaker File is open.

Unlocking a WillMaker File

To unlock an open WillMaker File:

  • Choose File > Unlock WillMaker File.

A dialog box will confirm that your WillMaker File is now unlocked.

Changing a WillMaker File's Password

To change the password assigned to an open WillMaker File:

  1. Choose File > Change WillMaker File Password to open the New Password dialog box.
  2. Enter a new password, along with a hint to help you remember it.
  3. Click OK for this dialog box and the next, which confirms that your WillMaker File is locked.

Whenever Quicken WillMaker Plus creates a WillMaker File, it also creates an identical backup copy of it. Each time the program saves data to your WillMaker File, it also saves the same data to your backup WillMaker File. This backup can come in handy if a problem ever occurs with your original file.

Unless you specify otherwise, Quicken WillMaker Plus stores backup WillMaker Files in the Nolo Documents Backup subfolder of your Documents folder.

You will be unable to open a WillMaker File stored in the Nolo Documents Backup folder. This prevents accidentally overwriting your backup WillMaker Files. If you encounter a problem with a WillMaker File and need to open its backup, you will first copy the backup and paste it into another location.

To open a backup WillMaker File:

  1. In Windows, locate the Nolo Documents Backup folder. If it isn't in your Documents folder, use the Windows search feature to find it.
  2. Open the Nolo Documents Backup
  3. Locate the backup WillMaker File you want to open.
  4. Copy the backup WillMaker File and paste it into a different folder or onto the desktop.
  5. In Quicken WillMaker Plus, choose File > Open WillMaker File.
  6. Locate and open the copied WillMaker File, as described in Opening a WillMaker File above.

Opening a Backup WillMaker File (Mac)

To restore a backup of a WillMaker File on the Mac, use Time Machine. You will need to have Time Machine set up in order to do this.
  1. Quit WillMaker.
  2. Using Finder, locate the WillMaker File you would like to restore. This most likely will be in your Documents folder.
  3. Click once on the file.
  4. In the menubar, click on the Time Machine icon, and select Enter Time Machine.
  5. Choose the date and time you would like to restore from, then click Restore.