How to Switch Funeral Homes or File a Complaint

Sometimes a family realizes after the first call that a funeral home isn’t the right fit: the price is higher than expected, the staff are pushy, or something feels wrong. Switching is allowed, and it is more common than people think. This guide explains how to do it, what to watch for, and where to complain when a home crosses a line.

Can I switch funeral homes?

Usually yes, before the service and often even after the first home has taken the body into its care. Funeral homes routinely coordinate transfers with one another; see choosing a funeral home right after a death.

Two points to know first:

• Only the right person can authorize it. The person with the legal right to control the arrangements, usually the next of kin in a legal order of priority, decides, not whoever signed first or paid the deposit. See who decides funeral arrangements
• If a medical examiner or coroner has the body, you generally choose the funeral home that will receive it. For example, San Diego County’s release order has the person with the right to control disposition designate the service that will take the remains

What do I owe the first home?

We did not find a uniform rule on what a family owes a funeral home it leaves, or on whether a deposit is refundable. It depends on your contract, the services already provided, and state law. A few tools help:

• The General Price List. The FTC’s Funeral Rule requires a home to give you an itemized price list at the start of an in-person discussion, and to give price information by telephone on request. The list must include prices for transfer of remains to the funeral home, forwarding remains to another funeral home, and receiving remains from another funeral home; for forwarding and receiving, it must list the services included in the price
• No bundling. The Rule prohibits requiring you to buy one item (such as a casket) as a condition of getting another good or service, with limited exceptions such as the basic services fee. See what a funeral home can actually require you to buy
• An itemized statement. Ask the first home in writing for an itemized statement of everything it has charged or plans to charge, and compare each line with its price list and with what you actually requested. If you didn’t select or receive something, ask why it’s there
• The basic services fee. The Rule lets a home require this fee (and items the law requires) even though it can’t require other purchases. Ask each home whether and how it applies if you move the remains

How do I switch?

1. Get prices from the new home first. Call and ask for its General Price List and a quote for the same arrangements. See how to compare funeral homes and pricing
2. Decide who will sign. Confirm that the person with the legal right to control the arrangements is the one authorizing the transfer
3. Tell the first home in writing that you’re moving the remains, and give the name of the receiving funeral home. Ask for the personal effects, the paperwork issued so far, and a final itemized statement
4. Let the new home arrange the transfer so there’s no gap in care. It will usually coordinate directly with the first home
5. Settle the bill for what was actually provided, keep copies of everything, and pay by a method you can trace
6. Check the paperwork. Ask the new home who will file the death certificate and which permits are needed, so nothing is duplicated or missed. See getting death certificates

If your problem is the cost, you may not need to switch at all. See can you negotiate funeral costs.

What if a home won’t release the remains?

Get it in writing and act quickly. The most serious version of this problem is a home holding remains until you pay something you don’t believe you owe.

• The FTC’s view. In 2022, the FTC (through the Department of Justice) alleged that a cremation company, in some cases, withheld or threatened to withhold cremated remains, or information about where they were, from consumers who refused to pay previously undisclosed fees and higher prices. In 2023, the defendants agreed to a proposed court order requiring them to pay $275,000 in civil penalties, post price lists online, give a price list at the first contact, and name any third-party provider. That was a negotiated resolution of specific allegations, not a rule about every dispute
• California. The Business and Professions Code lists as a ground for disciplinary action refusing to promptly surrender custody of human remains, the personal effects, and any certificate or permit required by the state’s vital records law, on the express order of the person lawfully entitled to custody. We read this from older code copies, so confirm the current wording with the Cemetery and Funeral Bureau
• Other states. Rules vary and we didn’t survey them. Your state’s funeral board can tell you what applies

If remains are being held, contact the state licensing agency right away, say so plainly, and talk to an attorney. A consumer complaint takes time to investigate, and a held body can’t wait.

What if we have a preneed plan with a home we don’t want to use?

This is a common reason to switch. Rules differ by state, and your contract is the starting point. See existing preneed funeral plans and preneed plans and funeral trusts. In Texas, where prepaid funeral contracts fall under Finance Code chapter 154 and the Department of Banking:

• A purchaser may generally cancel a prepaid contract before maturity by written notice to the seller on the department’s forms. The refund rules differ for trust-funded and insurance-funded contracts, and the statute lets the seller retain some amounts, so ask the seller and the Department of Banking what you would get back
• A purchaser may irrevocably waive the right to cancel. The department’s waiver form says you then can’t cancel and receive a refund from the seller, even if you move or change your mind. If you signed one, check what other options the contract and the department allow
• For insurance-funded contracts, the statute says cancelling the funeral contract does not automatically cancel the insurance policy, which can be cancelled under its own terms for its cash surrender value

We read these provisions from copies of the statute of varying dates, so confirm the current rules with the Department of Banking before acting.

What counts as a problem worth reporting?

Examples include a home that:

• Won’t give you a price list or quote prices by phone
• Requires you to buy a casket or other item as a condition of something else
• Charges more than it quoted, or won’t give you an itemized statement
• Claims to be local when it’s not, or hides that a third party will provide the service
• Holds remains or ashes over a payment dispute
• Mishandles, loses, or misidentifies remains
• Tells you something is required by law when it isn’t

Where do I complain?

1. Start with the home, in writing. The California bureau’s guide says to try to settle a complaint with management first, and Texas’s complaint form asks whether you’ve discussed it with the establishment. A dated letter or email stating what happened and what you want creates a record, and many problems end here.

2. Your state licensing agency. This is where individual complaints are handled.

• Texas: the Texas Funeral Service Commission licenses funeral directors, embalmers, funeral homes, and crematories and takes complaints on its form. Its page says a complaint must be filed within two years of the event, which the Executive Director can waive for good cause, and that funeral homes must keep records only two years. An investigator decides whether the commission has jurisdiction and whether a violation may have occurred, and if so asks the establishment for a written response; the case is closed if there’s no jurisdiction or violation. Include contracts, photographs, letters, and advertisements. The Texas Department of Banking handles prepaid funeral contract sellers and perpetual care cemeteries, and the Texas Department of Insurance handles insurance policies that fund preneed contracts; the commission forwards complaints to the right agency
• California: the Cemetery and Funeral Bureau licenses and investigates complaints against funeral establishments, directors, embalmers, crematories, and cemeteries. A law firm’s guide describes filing online, by emailed or mailed PDF form, or by calling the Bureau to request a form; check the Bureau’s website for the current options
• D.C.: the Board of Funeral Directors at the Department of Licensing and Consumer Protection regulates licensed funeral directors and funeral homes, and the department’s site has a “File a Complaint” option. The Office of the Attorney General also takes consumer complaints; a news report lists its consumer protection hotline and email, so confirm the current contact

3. The FTC. Report violations of the Funeral Rule or deceptive practices at ReportFraud.ftc.gov (the Commission’s rulemaking notice encourages anyone with knowledge of unfair or deceptive practices to file there). The FTC’s undercover inspections and enforcement are about patterns, and it has taken funeral homes to court, with civil penalties of up to $46,517 per violation as of 2022. A report helps the FTC spot problem providers but doesn’t replace your state agency or a lawyer.

4. The state attorney general’s consumer protection office, especially for fraud, overcharging, or a business that isn’t licensed.

5. A civil claim. If you lost money or the home mishandled remains, an attorney can advise on claims such as breach of contract or negligence, and on small claims court for smaller amounts.

What should I put in a complaint?

• Dates, names, and a short, factual timeline
• Copies of the General Price List, the contract, the itemized statement, and receipts
• What you asked for, what you were told, and what happened
• Photographs, emails, and texts
• What outcome you want, such as a refund, an explanation, or investigation of the home

Stay factual and calm. Regulators act on documented facts.

What should I do next?

1. Put your concern to the home in writing and ask for an itemized statement
2. Get a price list and quote from another home before deciding to switch
3. Have the right person sign the transfer authorization
4. If remains are held or you suspect a violation, call your state funeral board and an attorney now
5. File with the state agency and ReportFraud.ftc.gov, with your documents attached

Funeral laws, complaint deadlines, and agency contacts differ by state and change. This is general information, not legal advice; your state’s funeral licensing agency and an attorney can tell you what applies to your situation.