Colorado’s burial and funeral laws changed substantially in the last few years, and more changes take effect on January 1, 2027. The state legalized natural organic reduction (human composting) in 2021, keeps alkaline hydrolysis and traditional burial and cremation on the menu, and, under SB24-173, will begin licensing individual funeral directors, embalmers, cremationists, and natural reductionists at the start of 2027.1Justia. Colorado Revised Statutes Section 12-135-501 – Licenses Required Alongside those state rules, the federal Funeral Rule and Colorado’s consumer-protection framework shape what a provider can charge you, what they must disclose, and what you’re allowed to do yourself.
Disposition Options Colorado Allows
Colorado is unusually broad in what it recognizes as a lawful method of handling remains. You can choose traditional burial, cremation, alkaline hydrolysis (water cremation), or natural organic reduction. Family members can also handle arrangements without hiring a funeral director.
Burial Without Embalming or a Vault
State law does not require embalming in most circumstances, and no state law mandates an outer burial container or vault. That makes green burial, where a body goes directly into the ground in a biodegradable shroud or simple container, a lawful choice. Some Colorado cemeteries specialize in natural burial; individual cemeteries can still impose their own requirements on top of state law, so confirm the rules of any specific site before you commit.
Cremation and Alkaline Hydrolysis
Cremation is regulated at both the business and, starting in 2027, the individual practitioner level. Alkaline hydrolysis, sometimes called water cremation or aquamation, has been legal in Colorado since 2011. It uses heated water and an alkaline solution to break down remains, leaving bone fragments and a sterile liquid. Facilities offering it operate under the same general framework as crematories, including record-keeping and chain-of-custody requirements.
Natural Organic Reduction
Colorado legalized natural organic reduction through SB21-006 in 2021.2Colorado General Assembly. SB21-006 Human Remains Natural Reduction Soil The process transforms remains into soil inside a container that accelerates biological decomposition. Natural reductionists are licensed separately from cremationists and mortuary science practitioners under the 2027 rules.
Several restrictions apply to the resulting soil. Facilities cannot sell it. They cannot mix the remains of more than one person in a single container without consent from everyone with the right of final disposition. The soil cannot be used to grow food for human consumption. If no one claims the remains within 180 days after the process is complete, the facility may dispose of them.2Colorado General Assembly. SB21-006 Human Remains Natural Reduction Soil
Family-Directed Funerals
Colorado is one of the states that lets families handle disposition themselves without hiring a licensed funeral director. A family member or other authorized person can file the death certificate, obtain the necessary permits, and arrange burial or cremation directly. The regulations on final disposition permits refer to “the funeral director or person acting as such,” meaning a family member taking on that role has the same legal authority and obligations as a professional.3Legal Information Institute. 5 CCR 1006-1-8 – Final Disposition of a Body or Dead Fetus Families that choose this route can substantially reduce costs.
Licensed Funeral Professionals Starting in 2027
Before SB24-173, Colorado regulated funeral homes and crematories as businesses but did not require individual practitioners to hold professional licenses. That changes on January 1, 2027. From that date, anyone practicing as a funeral director, mortuary science practitioner, embalmer, cremationist, or natural reductionist must hold the appropriate individual license issued through the Colorado Division of Professions and Occupations.1Justia. Colorado Revised Statutes Section 12-135-501 – Licenses Required
Qualifications vary by license type. Funeral directors and mortuary science practitioners must graduate from an accredited mortuary science school, pass the applicable sections of the national board examination, and complete at least one year of workplace learning. Embalmers face the same schooling and experience requirements and take the science section of the national exam. Cremationists and natural reductionists follow a different path, needing certification from an industry body such as the Cremation Association of North America or the National Funeral Directors Association.4Colorado General Assembly. SB24-173 Regulate Mortuary Science Occupations
Every applicant must pass a fingerprint-based criminal history check through the Colorado Bureau of Investigation and the FBI.5Divisions of Professions and Occupations. Colorado DPO Fingerprinting and Background Check License renewal requires six hours of continuing education, including one hour each on applicable law, ethics, and public health requirements.4Colorado General Assembly. SB24-173 Regulate Mortuary Science Occupations Practitioners already working in the field who don’t yet meet the new requirements can apply for a provisional license that lasts three years.6Legal Information Institute. 4 CCR 742-1.9 – Rules and Regulations for the Provisional Licensure of Mortuary Science Professionals
For consumers, the practical effect is a new complaint venue and a state agency with authority to investigate, inspect, and discipline individuals rather than only businesses.
Final Disposition Permits
Before any human remains can be buried, cremated, or otherwise disposed of in Colorado, someone must obtain a final disposition permit. The permit also has to accompany remains being transported out of state. A disposition permit issued by another state is accepted in Colorado for remains brought in for final disposition.3Legal Information Institute. 5 CCR 1006-1-8 – Final Disposition of a Body or Dead Fetus The funeral director, or the person acting in that capacity, is responsible for meeting all permit requirements, including those imposed by common carriers when remains are shipped. Skipping this step can lead to administrative penalties and delays.
What a Funeral Provider Must Disclose and Cannot Do
Every funeral provider in the country must comply with the Federal Trade Commission’s Funeral Rule, and that rule sits on top of Colorado’s state framework.
Required Price Disclosures
Providers must give you a General Price List itemizing the cost of every good and service they offer, covering at least 16 specific categories from the basic services fee through embalming, use of facilities, hearse, and casket prices. They must provide a separate Casket Price List and Outer Burial Container Price List if those prices aren’t on the general list. At the end of the arrangement conference, you receive a Statement of Funeral Goods and Services Selected showing every item chosen with individual prices and the total.7Federal Trade Commission. Complying with the Funeral Rule
Prohibited Practices
Providers cannot tell you that embalming is legally required when it isn’t. They cannot require embalming for direct cremation, immediate burial, or a closed-casket funeral without viewing when refrigeration is available. They cannot claim state or local law requires an outer burial container when no such law exists.8eCFR. Part 453 Funeral Industry Practices
They cannot condition the sale of one item on the purchase of another, apart from the non-declinable basic services fee. A funeral home cannot charge an extra fee or surcharge when you bring in a casket bought elsewhere. A “casket handling fee” for a casket purchased online or from a third-party vendor is a federal violation.9Federal Trade Commission. Complying with the Funeral Rule Providers arranging direct cremations must make an alternative container available, so you don’t have to buy a casket for cremation.8eCFR. Part 453 Funeral Industry Practices
Buying a Cemetery Plot: Endowment Care
Colorado law requires endowment care cemeteries, meaning those that promise long-term maintenance of gravesites, to place a portion of every sale into an irrevocable trust. Minimums depend on what’s being sold:
- At least 15% of the sales price for grave spaces goes into the endowment care fund.
- At least 10% of the sales price for crypts and niches goes into the fund.
Cemeteries choose from three deposit plans that differ mainly in timing. Under Plan A, deposits are due within 30 days of a completed sale, or within 60 months of the first payment if the sale hasn’t closed by then. Plans B and C use schedules tied to fiscal year endings. In every plan, the endowment care fund is a nonprofit irrevocable trust, and the cemetery cannot distribute principal from the fund except under a unitrust election.10Justia. Colorado Revised Statutes Section 6-24-106 – Endowment Care Fund
Before buying a plot, ask which deposit plan the cemetery uses and confirm the fund exists. That money is what keeps the grounds maintained after the sale.
Pre-Need Funeral Contracts
Pre-need contracts, meaning arrangements you pay for in advance, are regulated in Colorado through the Division of Insurance rather than the Division of Professions and Occupations. Any entity selling pre-need funeral contracts must be licensed as a pre-need contract seller under Article 15 of Title 10 of the Colorado Revised Statutes. When you pay cash for a pre-need contract, those funds must be placed in trust. Pre-need contracts can also be funded through a life insurance policy.11Colorado Division of Insurance. Pre-Need Funeral Contracts
Before signing anything, verify with the Division of Insurance that the seller is licensed, ask for the name of the trustee holding your funds, get a receipt for every payment, and clarify what happens if you cancel or the company goes out of business.11Colorado Division of Insurance. Pre-Need Funeral Contracts These questions can feel awkward. They matter most years later, when the person who sold the contract may not be the person answering the phone.
Where to File a Complaint
The right agency depends on the problem.
Licensing and professional conduct issues involving funeral directors, embalmers, cremationists, or natural reductionists go to DORA’s Division of Professions and Occupations, which can investigate, inspect, and discipline license holders up to suspension or revocation. Serious misconduct such as mishandling remains or fraudulent practices can also lead to criminal charges independently of the administrative process.
Funeral Rule violations, such as a provider refusing to give you a price list, misrepresenting embalming requirements, or penalizing you for buying a casket elsewhere, go to the Federal Trade Commission online or by phone at 1-877-FTC-HELP (382-4357). The FTC does not resolve individual disputes, but it tracks complaints and takes enforcement action against providers that show a pattern of violations.12Consumer Advice. Funeral Terms and Contact Information
Disputes over plot ownership, contract terms, or cemetery maintenance can go to Colorado’s Office of Administrative Courts for mediation.13Office of Administrative Courts. Mediations If mediation doesn’t resolve things, a civil suit in district court is the next step, and deceptive trade practices can also be reported to the Colorado Attorney General’s Office.