NYS Funeral Law EXAM prep 2025/2026 |
COMPLETE QUESTION AND ANSWERS
WITH RATIONALES | 100% VERIFIED
<RECENT VERSION>
1. Can more than 1 person be cremated together? - ANSWER Yes, with a
signed authorization from the persons with the priority right to control
disposition, in addition to the written approval of the crematory.
2. What happens if cremated remains are not claimed within 120 days from the
crematory? - ANSWER Crematory personnel - NOT FUNERAL
DIRECTORS - may dispose of them in any manner.
3. Coroner - ANSWER A county official (elected public official) who
exercises the duties authorized in NYS County Law related to the
investigation of certain death cases.
4. A coroner is generally NOT a physician licensed to practice medicine in the
state.
5. Coroner's physician - ANSWER A physician, licensed to practice
medicine in this state, who exercises the duties authorized in NYS County
Law, relays to the investigation of certain death cases JOINTLY with a non-
physician coroner.
,6. Medical Examiner - ANSWER An appointed county official and
physician licensed to practice medicine in this state, who exercises the duties
authorized by NYS County Law related to the investigation of certain death
cases.
7. Death of an inmate in a correctional facility - ANSWER Death inquiry
officials MUST promptly perform or cause to be performed an autopsy and
prepare an autopsy report.
8. The report must include a toxicological report and any report of an
examination or inquiry, whether or not the death occurred inside the facility.
9. The deceased attending physician MAY NOT sign as a certifier of the death
of an inmate.
10.How many years do legal representatives and heirs have to demand money
held by the county treasurer? (when money or property is sold at auction
after the person has passed) - ANSWER 6 years
11.If the funeral holds the dead body in arrest because the bill was unpaid, is it
a misdemeanor? - ANSWER Yes, you can't hold the body from the family
12.Is disturbing a funeral considered to be a misdemeanor? - ANSWER Yes,
it is a misdemeanor
,13.If the funeral is not currently taking place, is it a misdemeanor to protest
outside the funeral home? - ANSWER No, only if the funeral is taking
place
14.What does the winter burial law do? - ANSWER Requires cemeteries to
make internments available throughout the year, at least 6 days per week,
excluding yearly holidays
15.To which cemeteries does the winter burial law apply? - ANSWER It
applies to all not-for-profit cemeteries
16.What if bad weather does not permit an interment? - ANSWER The law
clearly states that cemeteries would not have to perform interments or
provide grave openings during severe weather
17.What if a cemetery refuses to open to perform an interment, even if the
weather permits it? - ANSWER Contact the Division of Cemeteries,
Regional Division Office Investigator
18.Can a cemetery charge for a "winter burial"? - ANSWER Yes, they can
charge "actual and reasonable" additional costs necessary for the interment.
Cannot be a fixed price because it should be specific to what is needed at the
time
19.Do hospital administrators have any duties regarding death certificates? -
ANSWER Yes, when death occurs in the hospital, the person in charge
shall promptly present the certificate to the physician.
, 20.Are death certificates taxable? - ANSWER No
21.Can a New York State funeral director file a death certificate in another
state? - ANSWER No
22.Must the attending physician sign a death certificate? - ANSWER No, it
can be signed by a physician acting on behalf of the attending physician or a
medical examiner
23.Can a non-licensed funeral director own a funeral home? - ANSWER Yes,
but the firm must own a corporation or LLC. Unlicensed owners cannot
engage in funeral directing
24.Are funeral directors allowed to serve on cemetery boards? -
ANSWER Yes, however, the law does state that they cannot be the
majority of owners
25.Can a New York funeral director conduct a funeral in Jersey? -
ANSWER No
26.How many continuing education credits every 2 years? - ANSWER 12
credit hours
27.Are funeral directors allowed to sell pre need funeral insurance? -
ANSWER No
COMPLETE QUESTION AND ANSWERS
WITH RATIONALES | 100% VERIFIED
<RECENT VERSION>
1. Can more than 1 person be cremated together? - ANSWER Yes, with a
signed authorization from the persons with the priority right to control
disposition, in addition to the written approval of the crematory.
2. What happens if cremated remains are not claimed within 120 days from the
crematory? - ANSWER Crematory personnel - NOT FUNERAL
DIRECTORS - may dispose of them in any manner.
3. Coroner - ANSWER A county official (elected public official) who
exercises the duties authorized in NYS County Law related to the
investigation of certain death cases.
4. A coroner is generally NOT a physician licensed to practice medicine in the
state.
5. Coroner's physician - ANSWER A physician, licensed to practice
medicine in this state, who exercises the duties authorized in NYS County
Law, relays to the investigation of certain death cases JOINTLY with a non-
physician coroner.
,6. Medical Examiner - ANSWER An appointed county official and
physician licensed to practice medicine in this state, who exercises the duties
authorized by NYS County Law related to the investigation of certain death
cases.
7. Death of an inmate in a correctional facility - ANSWER Death inquiry
officials MUST promptly perform or cause to be performed an autopsy and
prepare an autopsy report.
8. The report must include a toxicological report and any report of an
examination or inquiry, whether or not the death occurred inside the facility.
9. The deceased attending physician MAY NOT sign as a certifier of the death
of an inmate.
10.How many years do legal representatives and heirs have to demand money
held by the county treasurer? (when money or property is sold at auction
after the person has passed) - ANSWER 6 years
11.If the funeral holds the dead body in arrest because the bill was unpaid, is it
a misdemeanor? - ANSWER Yes, you can't hold the body from the family
12.Is disturbing a funeral considered to be a misdemeanor? - ANSWER Yes,
it is a misdemeanor
,13.If the funeral is not currently taking place, is it a misdemeanor to protest
outside the funeral home? - ANSWER No, only if the funeral is taking
place
14.What does the winter burial law do? - ANSWER Requires cemeteries to
make internments available throughout the year, at least 6 days per week,
excluding yearly holidays
15.To which cemeteries does the winter burial law apply? - ANSWER It
applies to all not-for-profit cemeteries
16.What if bad weather does not permit an interment? - ANSWER The law
clearly states that cemeteries would not have to perform interments or
provide grave openings during severe weather
17.What if a cemetery refuses to open to perform an interment, even if the
weather permits it? - ANSWER Contact the Division of Cemeteries,
Regional Division Office Investigator
18.Can a cemetery charge for a "winter burial"? - ANSWER Yes, they can
charge "actual and reasonable" additional costs necessary for the interment.
Cannot be a fixed price because it should be specific to what is needed at the
time
19.Do hospital administrators have any duties regarding death certificates? -
ANSWER Yes, when death occurs in the hospital, the person in charge
shall promptly present the certificate to the physician.
, 20.Are death certificates taxable? - ANSWER No
21.Can a New York State funeral director file a death certificate in another
state? - ANSWER No
22.Must the attending physician sign a death certificate? - ANSWER No, it
can be signed by a physician acting on behalf of the attending physician or a
medical examiner
23.Can a non-licensed funeral director own a funeral home? - ANSWER Yes,
but the firm must own a corporation or LLC. Unlicensed owners cannot
engage in funeral directing
24.Are funeral directors allowed to serve on cemetery boards? -
ANSWER Yes, however, the law does state that they cannot be the
majority of owners
25.Can a New York funeral director conduct a funeral in Jersey? -
ANSWER No
26.How many continuing education credits every 2 years? - ANSWER 12
credit hours
27.Are funeral directors allowed to sell pre need funeral insurance? -
ANSWER No
