ResearchIndustries • May 2026

How to Get a Funeral Home License (2026 State-by-State Guide)

Do You Need a License to Own a Funeral Home?

It depends on the state.

Two distinct licenses are involved at every funeral home in the United States. The first is the funeral director license, which is held by an individual. The second is the funeral establishment license, which is held by the business entity that owns and operates the premises.

In most states, the owner of the entity that holds the establishment license does not personally need to hold a funeral director license. The state requires a licensed funeral director, embalmer, or licensed manager to be designated as the responsible licensee for the establishment. The owner can be an individual, a limited liability company, or a corporation behind that licensed manager.

Pennsylvania's longstanding restriction on non-licensee funeral home ownership under 63 P.S. section 479[6] was struck down as unconstitutional in Heffner v. Murphy, 745 F.3d 56 (3d Cir. 2014).[6] Specific ownership rules in other tightly regulated states (Maine, New York, New Jersey, Connecticut) are described in the state-by-state section below, with citations to each state's statute.

Funeral Director License vs Funeral Establishment License

This is the single most important conceptual distinction in funeral home licensing. The two licenses are completely separate.

Factor Funeral Director License Funeral Establishment License
Held by An individual person The business entity (LLC, Corp)
Requires ABFSE-accredited program + state-required apprenticeship + NBE Premises meeting state board standards + designated licensed director or manager
Issued by State board of funeral service State board of funeral service
Personal background check Yes, on the individual Yes, on owners and designated manager
Renewal Periodic; continuing education typical Annual in most states (Maine annual renewal fee $230 under 02-331 CMR Ch. 7)[7]

The implication for buyers. A non-licensee can own and run a funeral home in most states by acquiring or starting a business that holds the establishment license, then designating a licensed funeral director or licensed manager as the responsible licensee.

Bottom Line

The funeral director license is personal and stays with the individual. The establishment license is business-side and stays with the entity. Both must be in place to operate.

Key Takeaways

  • Two licenses are required: funeral director (personal) and funeral establishment (business)
  • Most states permit corporate or LLC ownership of the establishment license with a registered licensed manager
  • Pennsylvania's restriction on non-licensee ownership under 63 P.S. section 479 was struck down in Heffner v. Murphy, 745 F.3d 56 (3d Cir. 2014)[6]
  • The National Board Examination (NBE) is administered by the International Conference of Funeral Service Examining Boards[10]
  • Mortuary science programs are accredited by the American Board of Funeral Service Education (ABFSE)[5]
  • The FTC Funeral Rule (16 CFR Part 453) applies to every funeral provider in the United States[1][2]
  • FTC trade regulation rule violations carry maximum civil penalties of $53,088 per violation as of January 17, 2025[3]

Funeral Home Ownership Rules by State (Cited)

Each state board of funeral service sets its own rules for who may own a funeral establishment. The summary below cites the controlling statute or administrative code for the states most often raised in acquisition diligence. Always confirm the current rule with the state board itself before acquiring or applying.

State Corporate / Non-Licensee Ownership Statute / Cite
Pennsylvania Permitted. Prior restriction struck down. 63 P.S. § 479; Heffner v. Murphy, 745 F.3d 56 (3d Cir. 2014)[6]
Maine Establishment must be operated by a licensed practitioner of funeral service (license-in-charge requirement). 32 MRSA § 1501[7]
New York Sole proprietors and partnerships must be licensed; corporations must register a licensed manager and disclose stockholders holding 10% or greater interest. NY Public Health Law § 3441[8]
New Jersey Corporations may register a funeral establishment with a full-time licensed manager. N.J.A.C. 13:36 (State Board of Mortuary Science)[9]
Connecticut "Person" defined as individual or corporation but not partnership; manager must be a licensed embalmer or funeral director. Conn. Gen. Stat. Ch. 385[11]

States not shown in the table set their own rules under their own state board of funeral service. Florida (Florida Department of Financial Services Division of Funeral, Cemetery, and Consumer Services), Texas (Texas Funeral Service Commission), and California (Cemetery and Funeral Bureau, Department of Consumer Affairs) all permit corporate ownership of funeral establishments with a designated licensed funeral director. Confirm specific filing content with each state board before any acquisition or new application.

Bottom Line

The non-licensee buyer market is open across most of the United States. The publicly traded consolidators (SCI, Park Lawn, Carriage Services) operate corporate-owned funeral establishments in dozens of states under exactly this structure: corporate owner + designated licensed manager at each location.[12][13][14]

Can an LLC Own a Funeral Home?

Yes in most states.

The LLC holds the funeral establishment license. A licensed funeral director, embalmer, or licensed manager is designated as the responsible licensee, depending on what the state board calls that role. Whether and how an LLC's ownership composition is reviewed is set by state administrative code.

Examples of what state boards diligence on a corporate or LLC application:

  • Stockholders or members holding above a stated percentage interest, with disclosure required (in New York, the threshold is 10 percent)[8]
  • Identity and license credential of the designated licensed manager
  • Background check on owners and the designated manager
  • Premises compliance with state board standards (preparation room, ventilation, sanitation)
  • Pre-need contract assumption documentation, where applicable under state pre-need rules

Can a Corporation Own a Funeral Home?

Yes in most states. The publicly traded funeral home consolidators are the clearest evidence.

  • Service Corporation International (NYSE: SCI) reports operating more than 1,900 funeral homes and cemeteries across 44 US states, eight Canadian provinces, the District of Columbia, and Puerto Rico.[12]
  • Park Lawn Corporation (TSX: PLC) reports operating in two Canadian provinces and 18 US states.[13]
  • Carriage Services (NYSE: CSV) reports operating 159 funeral homes and 28 cemeteries across 25 states.[14]
  • Foundation Partners Group, the parent of the Altogether network, reports more than 100 partner locations under its Altogether brand.[15]

At each of these corporate-owned establishments, a licensed funeral director or licensed manager is designated as the responsible licensee at the location, in compliance with the state board's establishment licensing rules. Specific filing content varies by state.

How Long Does Funeral Director Licensing Take?

The path is set by the state board of funeral service and varies. Every state requires:

  1. Graduation from a mortuary science program accredited by the American Board of Funeral Service Education (ABFSE).[5]
  2. Completion of a supervised apprenticeship or traineeship under a licensed funeral director or licensed practitioner. The minimum length is set by the state board. Maine, for example, requires a minimum 12-month traineeship under the personal supervision of a licensed funeral service practitioner approved by the board.[7]
  3. Passing the National Board Examination (NBE) administered by the International Conference of Funeral Service Examining Boards.[10]
  4. Passing any state-specific examination on state law, regulations, and rules of professional conduct.
  5. State board review of the application, including the required background check, before the license is issued.

Total elapsed time depends on the program length, state-required traineeship duration, examination scheduling, and state board processing. Each state board publishes its own specifics; the National Funeral Directors Association maintains a state-by-state licensing reference.[4]

What Is the National Board Examination?

The National Board Examination (NBE) is the professional examination for funeral service licensure in the United States. It is administered by the International Conference of Funeral Service Examining Boards (ICFSEB).[10]

The NBE is delivered as two sections.

Arts section covers funeral service practice, including:

  • Funeral service history and sociology
  • Funeral service ethics
  • Business management and law
  • Counseling and grief support
  • FTC Funeral Rule compliance

Sciences section covers:

  • Anatomy
  • Embalming theory and practice
  • Microbiology
  • Pathology
  • Chemistry
  • Restorative art

Whether a candidate must pass one or both sections depends on the credential being sought (funeral director, embalmer, or both) and the requirements of the state board issuing the license. The current examination fee is published by the Conference.

How Much Does Mortuary School Cost?

Mortuary science tuition varies substantially by program type (community college Associate degree, private mortuary college, and university Bachelor's degree), by in-state versus out-of-state status, and by whether the program is delivered in person or online.

All programs that satisfy state board licensure requirements are accredited by the American Board of Funeral Service Education (ABFSE), which is recognized as the national accrediting agency for funeral service education by the United States Department of Education and the Council on Higher Education Accreditation.[5]

ABFSE publishes a current directory of accredited programs at abfse.org. Prospective students should request the current cost-of-attendance information directly from each program rather than relying on aggregated estimates.

What Is the FTC Funeral Rule?

The Funeral Rule is a federal trade regulation rule codified at 16 CFR Part 453 and administered by the Federal Trade Commission.[1][2]

Under the rule, a funeral provider must:

  • Provide an itemized General Price List (GPL) to anyone who asks in person
  • Provide a Casket Price List separately
  • Provide an Outer Burial Container Price List separately
  • Give telephone price quotes for any item or service
  • Permit consumers to choose individual items rather than packages
  • Truthfully disclose state law requirements regarding embalming
  • Accept caskets purchased elsewhere without surcharge
  • Disclose cash advance fee markups

The Funeral Rule applies to every funeral provider in the United States regardless of state license rules.[1]

Civil penalties for knowing violations of FTC trade regulation rules under Sections 5(l) and 5(m)(1)(A) of the FTC Act were adjusted to a maximum of $53,088 per violation effective January 17, 2025, under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.[3] The FTC adjusts this maximum annually.

Bottom Line

Buyers diligence FTC Funeral Rule compliance carefully. Open Funeral Rule violations are a deal-killing risk that should be resolved before closing.

How Do You Buy an Existing Funeral Home License?

Funeral establishment licenses are not freely transferable in the way some other regulated business licenses are.

Buyers acquire the operating entity (or its assets) and apply to the state board of funeral service for a new establishment license at the same premises with the buyer as the licensee. The state board confirms a licensed funeral director or licensed manager is designated and runs background and ownership review on the buyer.

Standard establishment license application content (set by each state board):

  • Buyer entity formation documents and beneficial owner disclosures
  • Designated funeral director or licensed manager credential and consent
  • Premises information (address, preparation room, public viewing rooms)
  • Background check on owners and designated manager
  • Pre-need contract assumption documentation, where applicable under state pre-need rules
  • Application fees

The specific filing checklist, fee, and review timeline are set by each state board and should be confirmed directly with that board (for example, the New York State Department of Health Bureau of Funeral Directing under PBH Article 34, the Maine Board of Funeral Services under 32 MRSA Chapter 21, or the Pennsylvania State Board of Funeral Directors under 63 P.S. § 479).[7][8]

References

1. Federal Trade Commission. “Funeral Industry Practices Rule.” https://www.ftc.gov/legal-library/browse/rules/funeral-industry-practices-rule

2. Electronic Code of Federal Regulations. “16 CFR Part 453: Funeral Industry Practices.” https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-453

3. Federal Trade Commission. “FTC Publishes Inflation-Adjusted Civil Penalty Amounts for 2025 (Feb. 11, 2025).” https://www.ftc.gov/news-events/news/press-releases/2025/02/ftc-publishes-inflation-adjusted-civil-penalty-amounts-2025

4. National Funeral Directors Association. “Statistics.” https://nfda.org/news/statistics

5. American Board of Funeral Service Education. “About ABFSE (national accreditation agency for funeral service education, recognized by USDE and CHEA).” https://www.abfse.org/

6. Pennsylvania (FindLaw / Heffner v. Murphy, 745 F.3d 56 (3d Cir. 2014)). “63 P.S. § 479.8: Conduct of Business; Pennsylvania Funeral Director Law.” https://codes.findlaw.com/pa/title-63-ps-professions-and-occupations-state-licensed/pa-st-sect-63-479-8/

7. Maine Legislature. “32 MRSA § 1501: Funeral service practitioner licenses; qualifications; requirements.” https://www.mainelegislature.org/legis/statutes/32/title32sec1501.html

8. New York State (Justia). “NY Public Health Law § 3441: Funeral Firms; Operation by Licensed Persons.” https://law.justia.com/codes/new-york/pbh/article-34/title-3/3441/

9. New Jersey Division of Consumer Affairs. “N.J.A.C. Title 13, Chapter 36: State Board of Mortuary Science.” https://www.njconsumeraffairs.gov/regulations/Chapter-36-State-Board-of-Mortuary-Science-of-New-Jersey.pdf

10. International Conference of Funeral Service Examining Boards. “The Conference (administers the National Board Examination).” https://theconferenceonline.org/

11. Connecticut General Assembly. “Connecticut General Statutes Chapter 385: Embalmers and Funeral Directors.” https://www.cga.ct.gov/2019/pub/chap_385.htm

12. Service Corporation International. “Investor Overview (NYSE: SCI; reports 1,900+ funeral homes and cemeteries in 44 US states, 8 Canadian provinces, DC, and Puerto Rico).” https://investors.sci-corp.com/

13. Park Lawn Corporation. “Investor Information (TSX: PLC; reports operations in 2 Canadian provinces and 18 US states).” https://www.parklawncorp.com/investor-information/

14. Carriage Services, Inc.. “Investor Relations (NYSE: CSV; reports 159 funeral homes and 28 cemeteries across 25 states).” https://investors.carriageservices.com/

15. Foundation Partners Group. “About Foundation Partners (parent of the Altogether network).” https://foundationpartners.com/

Suggested Citation

Jeschke, Hans Peter. 2026. How to Get a Funeral Home License (2026 State-by-State Guide). BusinessForSaleByOwner.us. https://businessforsalebyowner.us/research/how-to-get-a-funeral-home-license

Last updated: May 2026

About the Author

Hans Peter Jeschke is the founder of Idillo Inc. (dba BizForSaleByOwner.us) and the creator of BusinessForSaleByOwner.us. He holds a Dipl.-Ing. in Mechanical Engineering (equivalent to a Master of Science) from RWTH Aachen University. He previously served as Editor-in-Chief of HR Watches, a bimonthly print magazine that ceased publication in 2008, with distribution exceeding 100,000 copies sold at retailers including Barnes & Noble and 3,000+ paid subscribers. He operates the Business For Sale by Owner Facebook community, the largest of its kind in the United States. It currently has 284,600+ members and grows by roughly 10,000 each month. He publishes original research on small business acquisitions and seller behavior, drawn from community polling.