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Subchapter 001: GENERAL REQUIREMENTS
§ 5200. Definitions
As used in this chapter:
(1) “Cemetery” has the same meaning as in section 5302 of this title.
(2) “Cremation” has the same meaning as in section 5302 of this title.
(3) “Disposition facility” has the same meaning as in section 5302 of this title.
(4) “Licensed health care professional” means a physician, a physician assistant, a naturopathic
physician, or an advanced practice registered nurse.
(5) “Natural organic reduction” has the same meaning as in section 5302 of this title. (Added 2021, No. 169 (Adj. Sess.), § 1, eff. January 1, 2023; amended 2025, No. 20, § 8, eff. May 13, 2025.)
§ 5201. Permits; removal of bodies; waiting period; investigation into circumstances of death
(a) A dead body shall not be buried, entombed, or removed, or otherwise disposed of without
a burial-transit permit issued and signed by a municipal clerk, a county clerk, or
a deputy clerk for the municipality or unorganized town or gore in which the dead
body is located; a funeral director licensed in Vermont; an owner or designated manager
of a licensed disposition facility in Vermont who is registered to perform removals;
or a law enforcement officer.
(1) The clerk of the municipality shall provide for issuing burial-transit permits when
the clerks’ offices are closed. The municipal clerk shall appoint one or more deputies
for this purpose and record the name of the deputy or deputies appointed in the municipal
records and notify the Commissioner of Health of the names and residences of the deputy
or deputies appointed.
(2) The county clerk of a county in which an unorganized town or gore is located shall
perform the same duties and be subject to the same penalties as a municipal clerk
in respect to issuing burial-transit permits and registering deaths that occur in
an unorganized town or gore within the county.
(3) A funeral director licensed in Vermont or an owner or designated manager of a licensed
disposition facility in Vermont who is registered to perform removals may issue a
burial-transit permit for any municipality or unorganized town or gore at any time,
including during the normal business hours of a municipal clerk.
(4) After a burial-transit permit is issued, the person who issued the permit shall forward
the death certificate or preliminary report and the record of the burial-transit permit
to the clerk of the municipality, or to the clerk of the county, in the case of an
unorganized town or gore, where death occurred on the first official working day thereafter.
(5) In cases of death by certain communicable diseases as defined by the Commissioner,
the municipal or county clerk, a deputy registrar, a funeral director, a crematory
owner or manager, or a law enforcement officer shall not issue a burial-transit permit
except in accordance with instructions issued by the Commissioner.
(6) A body for which a burial-transit permit has been secured, except one for the body
of any person whose death occurred as a result of a communicable disease, as defined
by the Commissioner, may be taken through or into another municipality or unorganized
town or gore for funeral services without additional permits from the local health
officer or the Commissioner.
(b) An operator of a disposition facility shall not cremate or process by means of natural
organic reduction or allow the cremation or processing by means of natural organic
reduction of a dead human body until the passage of at least 24 hours following the
death of the decedent, as indicated on the death certificate, unless, if the decedent
died from a virulent, communicable disease, a Department of Health rule or order requires
the cremation or natural organic reduction to occur prior to the end of that period.
If the Attorney General or a State’s Attorney requests the delay of a cremation or
natural organic reduction based upon a reasonable belief that the cause of death might
have been due to other than accidental or natural causes, the cremation or natural
organic reduction of a dead human body shall be delayed, based upon such request,
a sufficient time to permit a civil or criminal investigation into the circumstances
that caused or contributed to the death.
(c) The person in charge of the body shall not release for cremation or natural organic
reduction the body of a person who died in Vermont until the person in charge has
received a certificate from the chief, regional, or assistant medical examiner that
the medical examiner has made personal inquiry into the cause and manner of death
and is satisfied that no further examination or judicial inquiry concerning it is
necessary. Upon request of a funeral director, the person in charge of the body, or
the operator of a disposition facility, the Chief Medical Examiner shall issue a disposition
certificate after the medical examiner has completed an autopsy. The certificate shall
be retained by the disposition facility for a period of three years. The person requesting
cremation or natural organic reduction shall pay the Department a fee of $25.00.
(d)(1) For all cremations or natural organic reductions requested for the body of a person
who died outside Vermont, the operator of a disposition facility shall do the following
before conducting the cremation or natural organic reduction:
(A) obtain a permit for transit, cremation, or natural organic reduction; and
(B) comply with the laws of the state in which the person died, including obtaining a
copy of a medical examiner’s permit if one is required.
(2) No additional approval from the Vermont medical examiner’s office is required if compliance
with the laws of the state in which the person died is achieved. (Amended 1959, No. 329, § 27, eff. March 1, 1961; 1963, No. 102, § 1, eff. May 22, 1963; 1969, No. 265, § 9; 1979, No. 142 (Adj. Sess.), § 16; 1997, No. 40, § 22a; 1999, No. 45, § 3; 2007, No. 56, § 5; 1999, No. 76, § 15; 2009, No. 151 (Adj. Sess.), § 5, eff. June 1, 2010; 2021, No. 169 (Adj. Sess.), § 2, eff. January 1, 2023.)
§ 5202. Report of death; death certificate; duties of licensed health care professional
(a)(1) Within 24 hours after a death, the licensed health care professional who last attended
a deceased person shall submit the medical portion of a report of death in a manner
prescribed by the State Registrar. If the licensed health care professional who attended
the death is unable to state the cause of death, he or she shall immediately notify
the licensed health care professional, if any, who was in charge of the patient’s
care, and he or she shall fulfill this requirement.
(2) If neither health care professional is able to state the cause of death, the provisions
of section 5205 of this title apply.
(3) The licensed health care professional may delegate to the funeral director or the
person in charge of the body, with that individual’s consent, the responsibility of
completing the nonmedical portion of the report of death.
(4) The State Registrar shall furnish the agency responsible for veterans’ affairs information
as to the deceased’s status as a veteran.
(5) The State Registrar shall register the report of death in the Statewide Registration
System upon receipt of the required information. The portion of the report of death
that is not confidential under section 5014 of this title is the death certificate.
(b) When a death certificate is not available prior to burial or transportation of a body,
any licensed health care professional who has access to the facts and can certify
that the death is not subject to the provisions of section 5205 of this title may complete and sign a preliminary report of death on a form prescribed by the State
Registrar. The health care professional may delegate completion of the nonmedical
facts to any funeral director or person in charge of the body with access to the nonmedical
facts, with that individual’s consent. A person authorized to issue a burial-transit
permit shall accept a properly completed preliminary report and issue a burial-transit
permit. The preliminary report may be destroyed six months after the death certificate
has been registered. This subsection does not relieve a licensed health care professional
from his or her responsibilities under subsection (a) of this section. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1963, No. 102, § 2, eff. May 22, 1963; 1969, No. 265 (Adj. Sess.), § 10; 1979, No. 142 (Adj. Sess.), § 26; 1997, No. 40, § 22b; 2009, No. 151 (Adj. Sess.), § 6, eff. Jan. 1, 2012; 2017, No. 46, § 47, eff. July 1, 2019.)
§ 5202a. Correction, completion, or amendment of death certificate
(a) Corrections; completions. Within six months after the date of death, the State Registrar may correct or complete
a death certificate upon application by the certifying licensed health care professional,
medical examiner, hospital, nursing home, or funeral director, if the application
and relevant evidence, if any, show that the correction or completion is warranted.
(b) Amendments. After six months from the date of death, any alteration of a death certificate shall
be deemed an amendment. Upon application by a person specified in subsection (a) of
this section, the State Registrar may amend the death certificate if the application
and relevant evidence, if any, show that the amendment is warranted.
(c) Appeal. If the State Registrar denies an application for a correction, completion, or amendment
under this section, the applicant may petition the Probate Division of the Superior
Court, which shall review the application and relevant evidence de novo to determine
if the requested action is warranted. The court shall transmit a decree ordering a
correction, completion, or amendment to the State Registrar, who shall take action
in accordance with the decree.
(d) Documentation of changes. The State Registrar shall make corrections, completions, and amendments in the Statewide
Registration System. A corrected or completed certificate issued from the System shall
be free of any evidence of the alteration and shall not be marked “Amended.” Any amended
death certificate issued from the System shall indicate the word “Amended” and the
date of amendment. The State Registrar shall enter into and maintain in the System
the identity of the person requesting the correction, completion, or amendment, the
nature and content of the change, the identity of the person making the change in
the System, and the date the change was made.
(e) [Repealed.]
(f) Cause of death. The State Registrar shall only correct, complete, or amend the medical certification
of the cause of death upon application by the medical examiner or certifying licensed
health care professional. (Added 1979, No. 142 (Adj. Sess.), § 25; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 52, eff. July 1, 2018; 2018, No. 11 (Sp. Sess.), § I.9, eff. July 1, 2019; 2021, No. 15, § 4.)
§ 5203. Repealed. 2017, No. 46, § 48, effective July 1, 2018.
§ 5204. Repealed. 2017, No. 46, § 49, effective July 1, 2019.
§ 5205. Death certificate when no attending physician and in other circumstances; autopsy
(a) When a person dies from violence, or suddenly when in apparent good health or when
unattended by a physician or a recognized practitioner of a well-established church,
or by casualty, or by suicide or as a result of injury or when in jail or prison,
or any psychiatric hospital, or in any unusual, unnatural, or suspicious manner, or
in circumstances involving a hazard to public health, welfare, or safety, the head
of the household, the jailer, or the superintendent of a psychiatric hospital where
such death occurred, or the next of kin, or the person discovering the body or any
doctor notified of the death, shall immediately notify the medical examiner who resides
nearest the town where the death occurred and immediately upon being notified, such
medical examiner shall notify the State’s Attorney of the county in which the death
occurred. The State’s Attorney shall thereafter be in charge of the body and shall
issue such instructions covering the care or removal of the body as he or she shall
deem appropriate until he or she releases same.
(b) The medical examiner and a designated law enforcement officer shall thereupon together
immediately make a proper preliminary investigation.
(c) Unless the cause and manner of death is uncertain, such medical examiner shall complete
and sign a certificate of death. The medical examiner and the designated law enforcement
officer shall each submit a report of investigation to the State’s Attorney and the
Chief Medical Examiner. If, however, the cause or circumstances of death are uncertain,
he or she shall immediately so advise the State’s Attorney of the county where the
death occurred and notify the Chief Medical Examiner.
(d) The State’s Attorney of each county, with the advice of the Commissioner of Public
Safety or his or her designee, the sheriff, and the Chief of Police of any established
Police Department, shall prepare a list of law enforcement officers in his or her
county qualified to make an investigation and report. This list shall be made available
to the medical officers concerned and such other persons as the State’s Attorney deems
proper.
(e) If an undertaker or embalmer shall, in the course of his or her employment, find evidence
of physical violence on the body or evidence of an unlawful act sufficient to indicate
to such a person that death might have been the result of an unlawful act, he or she
shall immediately notify the State’s Attorney of the county where the body is then
located and shall proceed no further with the preparation and embalming process of
such body until permitted to do so by the State’s Attorney.
(f) The State’s Attorney or Chief Medical Examiner, if either deem it necessary and in
the interest of public health, welfare, and safety, or in furtherance of the administration
of the law, may order an autopsy to be performed by the Chief Medical Examiner or
under the Chief Medical Examiner’s direction. Upon completion of the autopsy, the
Chief Medical Examiner shall submit a report to such State’s Attorney and the Attorney
General and shall submit a report of death to the State Registrar. Upon the written
request of a federal prosecutor or a prosecutor in another state, the Chief Medical
Examiner shall submit a report of a death to the requesting office.
(g) When a person who is committed to the custody of the Department of Corrections or
who is under the supervision of the Department of Corrections dies, the Commissioner
of Corrections may request to be provided with a copy of any and all reports generated
pursuant to subsection (f) of this section. No such request shall be granted where
the medical examiner is unable to determine a manner of death or the manner of death
is classified as a homicide. In other circumstances, the request shall be granted
in the discretion of the Medical Examiner for good cause shown. Reports disclosed
pursuant to this subsection shall remain confidential as required by law and shall
not be considered to be a public record pursuant to 1 V.S.A. § 317. (Amended 1967, No. 254 (Adj. Sess.), §§ 1-3, eff. Feb. 20, 1968; 1969, No. 128, § 2; 1969, No. 265 (Adj. Sess.), § 12; 1971, No. 33, § 7; 1991, No. 191 (Adj. Sess.), § 1, eff. May 19, 1992; 2003, No. 128 (Adj. Sess.), § 2, eff. May 24, 2004; 2003, No. 157 (Adj. Sess.), § 13; 2013, No. 96 (Adj. Sess.), § 99; 2017, No. 46, § 50, eff. July 1, 2019; 2021, No. 115 (Adj. Sess.), § 11, eff. July 1, 2022.)
§ 5206. Penalty for failure to submit report of death
A licensed health care professional who fails to cause the medical portion of a report
of death to be submitted within 24 hours after the death of a person, containing a
true statement of the cause of such death, so far as these facts are obtainable, shall
be fined not more than $100.00. (Amended 1963, No. 102, § 3, eff. May 22, 1963; 1969, No. 265 (Adj. Sess.), § 13; 2017, No. 46, § 51, eff. July 1, 2019.)
§ 5207. Certificate furnished family; burial-transit permit
Within 24 hours after death, the death certificate shall be made available upon request
to the family of the deceased, if any, or the undertaker or person who has charge
of the body. The certificate shall be filed with the person issuing the burial-transit
permit obtained by the person who has charge of the body before permanent disposition
or removal from the town. When the death certificate is so filed, the officer or person
shall immediately issue a burial-transit permit under legal restrictions and safeguards. (Amended 2017, No. 46, § 53, eff. July 1, 2019; 2021, No. 169 (Adj. Sess.), § 3, eff. January 1, 2023.)
§ 5208. Department of Health; report on statistics
(a) Notwithstanding the provisions of 2 V.S.A. § 20(d), beginning October 1, 2011 and every two years thereafter, the Vermont Department
of Health shall report to the House Committees on Human Services and on Health Care
and the Senate Committee on Health and Welfare regarding the number of persons who
died during the preceding two calendar years in hospital emergency rooms, in other
hospital settings, in their own homes, in a nursing home, in a hospice facility, and
in any other setting for which information is available, as well as whether each decedent
received hospice care within the last 30 days of his or her life. Beginning with the
2013 report, the Department shall include information on the number of persons who
died in hospital intensive care units, assisted living facilities, or residential
care homes during the preceding two calendar years.
(b) [Repealed.] (Added 2009, No. 25, § 16; amended 2013, No. 75, § 18a; 2017, No. 154 (Adj. Sess.), § 4b, eff. May 21, 2018.)
§ 5209. Death out of State; burial permit
Whenever a dead body is brought into this State for burial or entombment accompanied
by a removal permit issued under the laws of the state from which such body is brought,
such permit shall be received as sufficient authority for burial; but if not accompanied
by such permit, the person in charge thereof shall apply to the clerk of the town
in which such body is to be buried for a burial permit, and the clerk shall issue
such permit when furnished with such information as is required by law of this State
as to the identity and cause of death of a person dying in this State.
§ 5210. Form of burial or removal permit
If it is desired to bury, entomb, or otherwise dispose of a dead body within the limits
of a town where the death occurred, the certificate of permission shall state plainly
the time, place, and manner of such burial, entombment, or disposition. If it is desired
to remove a dead body from the town where the death occurred, the certificate of permission
shall contain the essential facts contained in the certificate of death on which it
is issued, shall accompany the body to its destination, and may be accepted as a permit
for permanent disposition by a sexton or other person having the care of a cemetery,
burial ground, tomb, or receiving vault. (Added 1951, No. 170, § 267; amended 2021, No. 169 (Adj. Sess.), § 4, eff. January 1, 2023.)
§ 5211. Unauthorized burial or removal; penalty
A person who buries, entombs, transports, or removes the dead body of a person without
a burial-transit permit so to do, or in any other manner or at any other time or place
than as specified in such permit, shall be subject to a civil penalty of not more
than $1,000.00. (Amended 1969, No. 265 (Adj. Sess.), § 14; 2017, No. 46, § 54, eff. July 1, 2019; 2025, No. 30, § 2, eff. July 1, 2025.)
§ 5212. Permit to remove dead bodies
(a) A person desirous of disinterring or removing the body of a human being from one cemetery
to another cemetery or to another part of the same cemetery or from a tomb or receiving
vault elsewhere shall apply to the clerk of the municipality in which the dead body
is interred or entombed for a removal permit.
(b) An applicant for a removal permit shall publish notice of his or her intent to remove
the remains. This notice shall be published for two successive weeks in a newspaper
of general circulation in the municipality in which the body is interred or entombed.
The notice shall include a statement that the spouse, child, parent, sibling, or descendant
of the deceased, or that the cemetery commissioner or other municipal authority responsible
for cemeteries in the municipality may object to the proposed removal by filing a
complaint in the Probate Division of the Superior Court of the district in which the
body is located as provided in section 5212a of this title.
(c) The municipal clerk shall issue a removal permit 45 days after the date on which notice
was last published pursuant to subsection (b) of this section or, if an objection
is made pursuant to section 5212a, of this title upon order of the court.
(d) Notwithstanding the provisions of subsections (b) and (c) of this section, a removal
permit shall be issued upon application:
(1) when removal is necessary because of temporary entombment; or
(2) to a federal, state, county, or municipal official acting pursuant to official duties;
or
(3) if the applicant has written permission to remove the remains from all persons entitled
to object under section 5212a of this title.
(e) This section does not apply to:
(1) unmarked burial sites that are subject to the provisions of subchapter 1 of this chapter;
and
(2) the removal of “historic remains,” which has the same meaning as in subdivision 5217(a)(1)
of this subchapter. (Amended 1985, No. 206 (Adj. Sess.), § 1, eff. June 2, 1986; 2009, No. 151 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2023, No. 85 (Adj. Sess.), § 55, eff. July 1, 2024.)
§ 5212a. Removal; objections
(a) Unless removal is otherwise authorized by law, a spouse, child, parent, or sibling
of the deceased may, within 30 days after the date notice was last published under
section 5212 of this title, object to the proposed removal by filing a complaint in the Probate Division of
the Superior Court of the district in which the body is interred or entombed. A copy
of the complaint shall be filed with the clerk of the town where the body is interred
or entombed.
(b) The Probate Division of the Superior Court shall, after hearing, issue its order authorizing
removal of the body unless:
(1) removal would be contrary to the expressed intent of the deceased;
(2) removal is objected to by the surviving spouse of the deceased;
(3) removal is objected to by an adult son or daughter of the deceased and there is no
surviving spouse of the deceased;
(4) removal is objected to by a parent of the deceased and there is no surviving spouse
or son or daughter of the deceased; or
(5) removal is objected to by an adult sibling of the deceased and there is no surviving
spouse, son or daughter, or parent of the deceased. (Added 1985, No. 206 (Adj. Sess.), § 2, eff. June 2, 1986; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 5212b. Unmarked Burial Sites Special Fund; reporting of unmarked burial sites
(a) The Unmarked Burial Sites Special Fund is established in the State Treasury for the
purpose of protecting, preserving, moving, or reinterring human remains discovered
in unmarked burial sites.
(b) The Fund shall be composed of any monies appropriated to the Fund by the General Assembly
or received from any other source, private or public. Interest earned on the Fund,
and any balance remaining in the Fund at the end of a fiscal year, shall be retained
in the Fund. This Fund shall be maintained by the State Treasurer, and shall be managed
in accordance with 32 V.S.A. chapter 7, subchapter 5.
(c) The Commissioner of Housing and Community Development may authorize disbursements
from the Fund for use in any municipality in which human remains are discovered in
unmarked burial sites, in accordance with a process approved by the Commissioner.
The Commissioner may approve any process developed through consensus or agreement
of the interested parties, including the municipality, a Native American group historically
based in Vermont with a connection to the remains, owners of private property on which
there are known or likely to be unmarked burial sites, and any other appropriate interested
parties, provided the Commissioner determines that the process is likely to be effective,
and includes all the following:
(1) Methods for determining the presence of unmarked burial sites, including archaeological
surveys and assessments and other nonintrusive techniques.
(2) Methods for handling development and excavation on property on which it is known that
there is or is likely to be one or more unmarked burial sites.
(3) Options for owners of property on which human remains in unmarked burial sites are
discovered or determined to be located.
(4) Procedures for protecting, preserving, or moving unmarked burial sites and human remains,
subject, where applicable, to the permit requirement and penalties of this chapter.
(5) Procedures for resolving disputes.
(d) If unmarked burial sites and human remains are removed, consistent with the process
set forth in this section and any permit required by this chapter, there shall be
no criminal liability under 13 V.S.A. § 3761.
(e) The funds shall be used for the following purposes relating to unmarked burial sites:
(1) To monitor excavations.
(2) To protect, preserve, move, or reinter unmarked burial sites and human remains.
(3) To perform archaeological assessments and archaeological site or field investigations,
including radar scanning and any other nonintrusive technology or technique designed
to determine the presence of human remains.
(4) To provide mediation and other appropriate dispute resolution services.
(5) To acquire property or development rights, provided the Commissioner of Housing and
Community Development determines that disbursements for this purpose will not unduly
burden the Fund, and further provided the Commissioner shall expend funds for this
purpose only with the concurrence of the Secretary of Commerce and Community Development
and after consultation with the legislative bodies of any affected municipality or
municipalities.
(6) Any other appropriate purpose determined by the Commissioner to be consistent with
the purposes of this Fund.
(f) When an unmarked burial site is first discovered, the discovery shall be reported
immediately to a law enforcement agency. If, after completion of an investigation
pursuant to section 5205 of this title, a law enforcement agency determines that the burial site does not constitute evidence
of a crime, the law enforcement agency shall immediately notify the State Archeologist,
who may authorize appropriate action regarding the unmarked burial site. (Added 2001, No. 149 (Adj. Sess.), § 57, eff. June 27, 2002; amended 2003, No. 63, § 36, eff. June 11, 2003; 2009, No. 135 (Adj. Sess.), § 10; 2009, No. 151 (Adj. Sess.), § 1, eff. June 1, 2010; 2017, No. 74, § 28.)
§ 5213. Removal; form and disposition of permit
Such permit shall state specifically the location of the body’s permanent disposition
and the time and manner of its removal. A town clerk issuing such a permit shall make
it in duplicate if the body is to be removed from the town, one copy of which shall
be delivered to the person having charge of the cemetery or tomb from which the body
is to be taken, and the other shall be delivered to the person having charge of the
cemetery or tomb where it is desired to place the body. (Amended 1979, No. 142 (Adj. Sess.), § 17; 2021, No. 169 (Adj. Sess.), § 5, eff. January 1, 2023; 2023, No. 6, § 161, eff. July 1, 2023.)
§ 5214. Duties of sexton; no burial or removal without permit
A sexton or other person having the care of a cemetery, tomb, or receiving vault shall
not receive or permit the burial or entombment of a dead body, or the remains of a
dead body, in the cemetery or tomb of which he or she has charge, or the removal of
a body from the cemetery or tomb, until there is delivered to him or her a certificate
of permission issued in accordance with the provisions of this chapter. (Amended 2023, No. 6, § 162, eff. July 1, 2023.)
§ 5215. Burial returns
A sexton or other person having charge of a cemetery, tomb, or receiving vault, during
the first week of each month, shall deliver to the clerk of the town in which such
cemetery, tomb, or vault is located the burial-transit and removal permits, properly
certified, which he or she received during the preceding month. (Amended 1969, No. 265 (Adj. Sess.), § 15.)
§ 5216. Penalty
A sexton or other person having charge of a cemetery, tomb, or receiving vault who
violates a provision of sections 5214 and 5215 of this title shall be fined not more than $500.00 nor less than $20.00.
§ 5217. Removal of marked historic remains
(a) As used in this section:
(1) “Historic remains” means remains of a human being who has been deceased for 100 years
or more, and the remains are marked and located in a publicly known or marked burial
ground or cemetery.
(2) “Public good” means actions that will benefit the municipality and the property where
the remains are located.
(3) “Remains” means cremated human remains that are in a container or the bodily remains
of a human being.
(4) “Removal” means the transporting of human remains from one location to another premises.
(b) A person may apply for a removal permit to disinter or remove historic remains by
filing an application with the clerk for the municipality in which the historic remains
are located. The application shall include all the following:
(1) Identification of the specific location and marking of the remains.
(2) Identification of the specific location in which the remains will be reburied.
(3) The reasons for removal of the remains, including a statement of the public good that
will result from the removal.
(c) An applicant for a removal permit shall send notice by first-class mail to all the
following:
(1) The cemetery commissioner or other municipal authority responsible for cemeteries
in the municipality in which the historic remains are located.
(2) All historical societies located within the municipality in which the historic remains
are located.
(3) Any descendant known to the applicant. The applicant shall contact the Vermont Historical
Society, the Vermont Old Cemetery Association, the Vermont Cemetery Association, and
any veterans’ organization operating within the county in which the historic remains
are located in order to ascertain the whereabouts of any known descendants.
(4) The State Archeologist.
(d) A cemetery commissioner or municipal authority responsible for cemeteries, a historical
society, a descendant, or the State Archeologist may file an objection to the proposed
removal of historic remains with the Probate Court in the district in which the historic
remains are located and with the clerks of the municipality in which the historic
remains are located within 30 days after the date the notice was mailed.
(e) If no objection is received within 30 days after the date the notice was last published
as required by subsection (c) of this section, the municipal clerk shall issue a removal
permit.
(f) If the Probate Court receives an objection within the 30-day period, the court shall
notify the clerk for the municipality in which the historic remains are located and
schedule a hearing on whether to allow removal as described in the application.
(g) The Probate Court, after hearing, shall order the municipal clerk to grant or deny
a permit for removal of the historic remains. The court shall consider the impact
of the removal on the public good.
(h) The permit shall require that all remains, markers, and relevant funeral-related materials
associated with the burial site be removed, and the permit may require that the removal
be conducted or supervised by a qualified professional archeologist in compliance
with standard archeological process. All costs associated with the removal shall be
paid by the applicant. (Added 2009, No. 151 (Adj. Sess.), § 4, eff. June 1, 2010; amended 2017, No. 113 (Adj. Sess.), § 93.)
§ 5218. Determination of death
An individual who has sustained either irreversible cessation of all functions of
the entire brain, including the brain stem, or irreversible cessation of circulatory
and respiratory functions is dead. A determination of death must be in accordance
with accepted medical standards. (Added 1981, No. 62, eff. April 30, 1981.)
§ 5219. Persons missing and presumed dead; issuance of presumptive death certificate
(a) On application of a spouse, parent, child, or other near relative, the Probate Division
of the Superior Court may direct the Chief Medical Examiner to complete and sign a
certificate of presumed death of a person who was a resident of the probate district
and who has been absent for a continuous period of five years during which, after
diligent search, the person has not been heard of or from or seen and whose absence
has not been satisfactorily explained.
(b) On application of a spouse, parent, child, or other near relative, the Superior Court
may direct the Chief Medical Examiner to complete and sign a certificate of presumed
death of a person who has been exposed to a specific peril of death and after diligent
search, has not been heard of or from or seen. (Added 1989, No. 236 (Adj. Sess.), § 1, eff. June 4, 1990; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 5220. Repealed. 2015, No. 23, § 152(2).
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Subchapter 003: RIGHTS OF FAMILY MEMBERS, OTHER INTERESTED PERSONS, FUNERAL DIRECTORS, AND OPERATORS OF DISPOSITION FACILITIES
§ 5226. Definitions
As used in this subchapter:
(1) “Estranged” means a physical and emotional separation from the decedent at the time
of death, which has existed for a period of time that demonstrates an absence of affection,
trust, and regard for the decedent.
(2) “Near relative” means the individuals listed in subdivisions 5227(a)(2) through (5)
of this title.
(3) “Right to disposition” means the right to determine the disposition of the remains
of a decedent, including the location, manner, and conditions of disposition and arrangements
for funeral goods and services. (Added 2007, No. 56, § 1; amended 2023, No. 85 (Adj. Sess.), § 57, eff. July 1, 2024.)
§ 5227. Right to disposition
(a) If there is no written directive of the decedent, in the following order of priority,
one or more competent adults shall have the right to determine the disposition of
the remains of a decedent, including the location, manner, and conditions of disposition
and arrangements for funeral goods and services:
(1) an individual appointed to arrange for the disposition of decedent’s remains pursuant
to chapter 231 (advance directives) of this title;
(2) a surviving spouse of the decedent;
(3) a sole surviving child of the decedent or a majority of the surviving children, except
as provided for in subdivision (b)(1) of this section, provided that if the child
is a minor, his or her interest may only be effected by a legal guardian appointed
by the Probate Division of the Superior Court;
(4) in the case of a minor or a disabled adult, the custodial parent or the parent who
had been providing the primary physical care of the decedent or, if not applicable,
a sole surviving parent, or both parents, of the decedent, or either parent as provided
for in subdivision (b)(2) of this section;
(5) a sole surviving sibling of the decedent or a majority of the surviving siblings,
except as provided for in subdivision (b)(3) of this section;
(6) any other family member, in descending order of kinship under the laws of descent
and distribution, except that if there is more than one family member of the same
degree of relation, a majority of family members of that degree, except as provided
in subdivision (b)(4) of this section, may exercise the right of disposition;
(7) a guardian of the decedent at the time of death;
(8) any other individual willing to assume the responsibilities to act and arrange the
final disposition of the decedent’s remains, including the representative of the decedent’s
estate, after attesting in writing that a good faith but unsuccessful effort has been
made to contact the individuals described in subdivisions (1) through (7) of this
subsection or that those individuals have waived any interest in exercising their
rights under this subchapter;
(9) the funeral director or disposition facility operator with custody of the body, after
attesting in writing that a good faith effort has been made to contact the individuals
described in subdivisions (1) through (8) of this subsection; or
(10) the Office of the Chief Medical Examiner when it has jurisdiction and custody of the
body, after attesting in writing that a good faith effort has been made to contact
the individuals described in subdivisions (1) through (8) of this subsection.
(b)(1) If there is more than one surviving child of the decedent and a majority of the children
is unable to be contacted, less than a majority of the surviving children may make
the decisions if they have made prompt, reasonable efforts to contact all other surviving
children and prompt efforts to notify them of the proposed decisions, and do not know
of any opposition to those decisions.
(2) If one parent is unable to be contacted, the remaining parent may make the decisions
if that parent has made prompt, reasonable efforts to contact the other parent and
is not aware of any opposition by the other parent to those decisions.
(3) If there is more than one surviving sibling of the decedent and a majority of the
siblings is unable to be contacted, less than a majority of the surviving siblings
may make the decisions if they have made prompt, reasonable efforts to contact all
other surviving siblings and prompt efforts to notify them of the proposed decisions,
and do not know of any opposition to those decisions.
(4) If there is more than one family member in the highest applicable order of kinship
under the laws of descent and distribution and a majority of these family members
is unable to be contacted, less than a majority of the surviving family members in
this order may make the decisions if they have made prompt, reasonable efforts to
contact all other surviving family members in this order and prompt efforts to notify
them of the proposed decisions, and do not know of any opposition to those decisions.
(c)(1) If the disposition of the remains of a decedent is determined under subdivision (a)(9)
of this section and the funeral director or disposition facility operator has cremated
or processed the remains, as applicable, the funeral director or disposition facility
operator shall retain the remains for three years and, if no interested party as provided
in subdivisions (a)(1) through (8) of this section claims the decedent’s remains after
three years, the funeral director or disposition facility operator shall arrange for
the permanent disposition of the remains consistent with any applicable law and standard
funeral practices.
(2) Notwithstanding any provision of subdivision (1) of this subsection to the contrary,
a funeral director or disposition facility operator may determine that the unclaimed
remains of a deceased veteran shall be interred at the Vermont Veterans Memorial Cemetery
pursuant to 20 V.S.A. § 1586 if:
(A) at least 180 days have passed since the funeral director or disposition facility operator
cremated or processed the remains;
(B) the funeral director or disposition facility operator either:
(i) has actual knowledge that there is no interested party as provided in subdivisions
(a)(1) through (8) of this section to claim the decedent’s remains; or
(ii) after making reasonable efforts, has been unable to locate and contact any known interested
party as provided in subdivisions (a)(1) through (8) of this section; and
(C) the funeral director or disposition facility operator has confirmed with the Office
of Veterans Affairs that the deceased veteran is eligible to be interred at the Vermont
Veterans Memorial Cemetery.
(d)(1) If the disposition of the remains of a decedent is determined under subdivision (a)(10)
of this section, the Office of the Chief Medical Examiner may contract with a funeral
director or disposition facility operator to cremate the remains of the decedent.
(2)(A) If the cremation of the decedent is arranged and paid for under 33 V.S.A. § 2301, the Department for Children and Families shall pay the cremation expenses to the
funeral home, up to the maximum payment permitted by rule by the Department for Children
and Families.
(B) If the cremation of the decedent is not arranged and paid for under 33 V.S.A. § 2301, the Department of Health shall pay the cremation expenses to the funeral home, up
to the maximum payment permitted by rule by the Department for Children and Families.
(3) The cremated remains shall be returned to the Office of the Chief Medical Examiner.
The Office shall retain the remains for three years, and if no interested party, as
described in subdivisions (a)(1) through (8) of this section, claims the decedent’s
remains after three years, the Office shall arrange for the permanent disposition
of the cremated remains consistent with any applicable law and standard funeral practices.
(4) Notwithstanding any provision of subdivision (3) of this subsection to the contrary,
the Office of the Chief Medical Examiner may determine that the unclaimed cremated
remains of a deceased veteran shall be interred at the Vermont Veterans Memorial Cemetery
pursuant to 20 V.S.A. § 1586 if:
(A) at least 180 days have passed since the remains were cremated;
(B) the Office of the Chief Medical Examiner either:
(i) has actual knowledge that there is no interested party as provided in subdivisions
(a)(1) through (8) of this section to claim the decedent’s remains; or
(ii) after making reasonable efforts, has been unable to locate and contact any known interested
party as provided in subdivisions (a)(1) through (8) of this section; and
(C) the Office of the Chief Medical Examiner has confirmed with the Office of Veterans
Affairs that the deceased veteran is eligible to be interred at the Vermont Veterans
Memorial Cemetery. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 32, § 2; 2015, No. 23, § 45; 2019, No. 9, § 2 eff. April 23, 2019; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)
§ 5228. Forfeiture
An individual recognized under section 5227 of this title to have a right of disposition shall forfeit that right in the following circumstances:
(1) the individual is identified by a law enforcement agency as a person of interest and
likely to be prosecuted or is under prosecution for first or second degree murder
or voluntary manslaughter in connection with the decedent’s death, if the status of
the investigation or the prosecution is known to the funeral director or disposition
facility operator, except that if the prosecution is not pursued or the individual
is acquitted of the alleged crime before the remains are disposed of, the individual
shall regain the right;
(2) the individual does not exercise the right of disposition within three days after
notification of the death or within five days after the decedent’s time of death,
whichever is earlier;
(3) the Probate Division of the Superior Court pursuant to section 5231 of this title determines that the individual entitled to the right of disposition and the decedent
were estranged at the time of death; or
(4) as otherwise ordered by the Probate Division of the Superior Court. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023; 2023, No. 6, § 164, eff. July 1, 2023.)
§ 5229. Cost of disposition
The cost for the disposition of remains and funeral goods or services shall be borne
by the decedent’s estate, subject to the limits for insolvent estates imposed by 14 V.S.A. § 1205, or by any individual who agrees to pay the costs. Nothing in this subchapter shall
be construed to require a funeral director or disposition facility operator to provide
goods or services for which there is no payment. (Added 2007, No. 56, § 1; amended 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)
§ 5230. Rights of funeral director or operator of a disposition facility
A funeral director or disposition facility operator may determine the permanent disposition
of remains and may file a civil action in Probate Division of the Superior Court against
a person, estate, banking institution, governmental agency, or other entity that may
have liability for the permanent disposition, either:
(1) to seek a declaratory judgment that the director’s or operator’s proposed action would
be in compliance with the applicable provisions of law; or
(2) to seek a judgment that the director or operator’s action is in compliance with the
applicable provisions of law and to recover reasonable costs and fees for the permanent
disposition when:
(A) the funeral director or disposition facility operator has actual knowledge that there
is no surviving family member, guardian, or individual appointed to arrange for the
disposition of decedent’s remains pursuant to chapter 231 of this title;
(B) the funeral director or disposition facility operator has made reasonable efforts
to locate and contact any known family member, guardian, or agent; and
(C) the appropriate local or State authority, if any, fails to assume responsibility for
disposition of the remains within 36 hours of written notice, which may be delivered
by hand, U.S. mail, facsimile transmission, electronic means, or telegraph. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)
§ 5231. Civil action
(a) Any individual who is a near relative of the decedent or the custodian of the decedent’s
remains may file an action in the Probate Division of the Superior Court requesting
the court to appoint an individual to make decisions regarding the disposition of
the decedent’s remains or to resolve a dispute regarding the appropriate disposition
of remains, including any decisions regarding funeral goods and services. The court
or the individual filing the action may move to join any necessary person under the
jurisdiction of the court as a party. The Agency of Human Services may also be joined
as a party if it is suggested on the record that there will be insufficient financial
resources to pay for funeral goods and services.
(b) In making its decision, the court shall consider the following factors:
(1) the decedent’s expressed directions or wishes;
(2) the decedent’s religious affiliation or beliefs;
(3) the cost and practicality of the proposed arrangements and disposition and the ability
of the responsible party or parties to pay for the proposed arrangements and disposition;
(4) the relationship between the decedent and any individual claiming the right of disposition,
including whether the individual and the decedent were estranged;
(5) the wishes of any individual willing to pay the cost of the proposed arrangements
and disposition;
(6) whether the proposed arrangements are inclusive of the desires of the family; and
(7) any other information the court, in its discretion, deems relevant.
(c) Except as provided for under subdivision (b)(4) of this section, an individual who
has paid or agreed to pay for all or part of the funeral arrangements or permanent
disposition does not have greater priority to the right to disposition than as set
forth in section 5227 of this title.
(d)(1) A funeral director or disposition facility operator may refuse to accept bodily remains,
to inter or otherwise dispose of bodily remains, or to complete the arrangements for
the permanent disposition until such time as the court issues an order or the parties
to the action submit a final stipulation approved by the court regarding the disposition
of remains.
(2) If the funeral director or disposition facility operator retains the remains for permanent
disposition while an action is pending, the funeral director or disposition facility
operator may refrigerate or shelter the remains while awaiting a preliminary or final
order of the court. The cost of refrigeration or sheltering shall be the responsibility
of the party or parties who contracted with the funeral director or disposition facility
operator, the person or entity who is otherwise liable for the costs of permanent
disposition, or the estate as ordered by the court, or any combination of these, and
the court may include in the order a decision concerning which of these shall be responsible
for paying these costs.
(e) If a funeral director or disposition facility operator commences an action under this
section, the funeral director or disposition facility operator may ask the court to
include an order against the estate or the parties for reasonable legal fees and costs.
If the estate is insolvent and no other person should be responsible for the filing
fee, the court may waive the filing fee. The court, in its discretion, may order a
party or parties to pay the reasonable costs of permanent disposition as a condition
of the appointment to make disposition decisions. The court may order that a party,
or parties, including the petitioner, pay reasonable legal fees and costs associated
with the action.
(f) Any appeal from the Probate Division shall be on the record to the Civil Division
of the Superior Court. There shall be no appeal as a matter of right to the Supreme
Court. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 148, eff. Feb. 1, 2011; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)
§ 5232. Procedures generally
(a) Any action filed under this subchapter shall be summary in nature, and a hearing shall
be held as soon as practicable. The Probate Division of the Superior Court may order
interim, ex parte relief based on available information. In extraordinary circumstances,
the court may authorize use of discovery, subject to the inherent time constraints
required because of the subject matter. The Vermont Rules of Evidence shall not apply,
except for those rules respecting privilege. Affidavits of parties and witnesses shall
be admissible evidence that may be rebutted by witnesses or affidavits offered by
other parties. Other evidence is admissible if it is of a type commonly relied upon
by reasonably prudent persons in the conduct of their daily affairs. Telephone testimony
shall be authorized unless otherwise ordered for good cause shown. Any person shall
be entitled, but not required, to be represented by an attorney. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 5233. Limited liability
A funeral director or disposition facility operator shall not be subject to civil
liability or subject to disciplinary action for carrying out the disposition of the
remains if he or she relied in good faith on a funeral service contract or authorization
or for following the instructions of an individual who the funeral director or disposition
facility operator reasonably believes or believed holds the right of disposition. (Added 2007, No. 56, § 1; amended 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)
§ 5234. Organ Donation Special Fund
There is created the Organ Donation Special Fund, which shall be a special fund established
and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. The Organ Donation Special
Fund shall consist of any federal funds, grants, and private donations solicited by
the Commissioner of Health for use within the Fund. The Organ Donation Special Fund
shall be used for activities related to increasing organ donations in Vermont. (Added 2013, No. 32, § 5.)