Funerals and Burials in New York
Answers to Your Frequently Asked Questions about Planning a NY Funeral or Burial
It’s estimated that, when a loved one dies, there are more than 50 tasks that need to be handled, from the order of service for the memorial to the selection of a memorial or monument. In the Jewish tradition, there may be even more details to handle, from the preparation of the body to the timely interment to the creation of a Yahrzeit calendar or the arrangements for Shiva. If you’ve never been directly involved in taking care of matters after the death of a friend or family member, you may have many questions.
New York Funeral and Burial FAQs
Let’s take a look at some commonly asked questions about New York funerals and burials in general:
Q: Who can purchase funeral or burial services under New York law?
A: New York Public Health law §4201 lists, in a specific order, those individuals who have the legal authority to dispose of “remains.” Priority is given to anyone named in a will or other written instrument, then to family members, including spouse, domestic partner, children, parents, and siblings.
Q: Does a funeral director need to be involved in a funeral or burial in New York?
A: By law in the state of New York, a funeral director is the only person authorized to move, care or oversee the burial of remains.
Q: Does New York require a specific type of casket or interment receptacle?
A: The only requirement, under state law in New York, is that a “suitable container” be used for burial. New York allows a wooden box without burial vault, as well as containers made of canvas, cardboard, pressed wood or wood composites. The cemetery can require a burial vault, but that is generally not the case with Jewish cemeteries.
Q: Are there fees that funeral directors may not charge?
A: Yes. There are a number of prohibited fees, including:
- Extra charges for filing a death certificate
- “Handling” fees for lining up third parties to provide services
- “Handling” fees for caskets not provided by the funeral home
- Fees for any services or goods not chosen by the family/representative of the deceased
Q: What services can I expect the funeral home/director to provide?
A: At a minimum, you should anticipate that the funeral home will handle all transfers of the body (to the funeral home and to the cemetery), prepare and file the death certificate, coordinate with your rabbi or spiritual director, make arrangements with the chevra Kadisha, and make arrangements for interment of the body. Your funeral home director may offer additional services (though you are not required to use or purchase them), including
- Assistance with selection of a casket
- Assistance with selection of a gravestone, monument or memorial
- A register book for guests to sign
- Preparation and submission of an obituary
- Assistance with helping mourners make memorial gifts
Q: Can the funeral home director disapprove of my wishes or make changes to the funeral or burial without my permission?
A: No. New York state law makes it illegal for a funeral home director or employee to suggest, state or imply that services being arranged or obtained are inadequate or unsatisfactory in any regard. A funeral home may choose not to handle a funeral and burial for you because of any specific requests or requirements you make. However, once funeral and burial arrangements have been made, the funeral home and the funeral director may not change those arrangements without your consent or approval.
Q: Must a Jewish funeral and burial take place within 24 hours of death?
A: Though you should strive to complete the funeral and burial within 24-48 hours, it’s not a hard and fast requirement. You should only delay, though, in rare situations.
Gutterman’s—Providing Comprehensive Funeral and Burial Services to the Jewish Community for Over 125 Years
At Gutterman’s and Gutterman’s Warheit, with chapels in New York and Florida, we have provided a wide range of funeral and burial needs to individuals and families in the Jewish community for more than five generations. We are familiar with the different customs throughout the different Jewish traditions and can help you take the right steps to honor the memory and legacy of your loved one while paying respect to your beliefs. We offer assistance with most concerns arising after the death of a loved one, from the structure of the memorial service to preparation for sitting Shiva, the selection of a fitting monument or memorial and the preparation of a Yahrzeit calendar.
For answers to any other questions or to learn the many ways we can help you after the death of a loved one, call us at one of the numbers below. Our funeral chapels are open, but we are also available to consult with you by phone, text message or videoconferencing. Our phones are answered 24 hours a day, 7 days a week.