{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-309.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-309.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-309.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-309.2.html"}],"law_id":67654,"edition_id":1,"section_id":67654,"structure_id":13399,"section_number":"32.1-309.2","catch_line":"Disposition of unclaimed dead body; how expenses paid","history":"2014, c. 228; 2015, cc. 658, 670; 2018, c. 773; 2023, c. 486.","full_text":"A\n\nIn any case in which (i) the primary law-enforcement agency of the county or city in which the person or institution having initial custody of the dead body of the decedent is located or the county or city in which the decedent resided, as may be appropriate pursuant to § 32.1-309.1, is unable to identify and notify the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains within 10 days of the date of contact by the person or institution having initial custody of the dead body despite good faith efforts to do so or (ii) the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains fails or refuses to claim the body within 10 days of receipt of notice of the decedent’s death, the primary law-enforcement agency shall notify (a) the attorney for the county or city in which the decedent resided at the time of death, if known, or (b) if the decedent’s county or city of residence at the time of death is not known, the attorney for the county or city in which the person or institution having initial custody of the dead body is located or, if there is no county or city attorney, the attorney for the Commonwealth in such county or city, and such attorney shall forthwith and without delay request an order to be entered by the court within one business day of receiving such request authorizing the person or institution having initial custody of the dead body to transfer custody of the body to a funeral service establishment for final disposition. Such request shall contain transportation and disposition instructions for the unclaimed dead body. Upon entry of a final order for disposition of the dead body, the person or institution having initial custody of the body shall transfer custody of the body to a funeral service establishment, which shall take possession of the dead body for disposition in accordance with the provisions of such order. In such final order, the court may direct the clerk to forthwith provide a copy of the final order to the attorney who has submitted the request for a final order authorizing the person or institution having initial custody of the dead body to transfer custody of the dead body to a funeral service establishment for final disposition in accordance with this subsection. Except as provided in subsection B or C, the reasonable expenses of disposition of the body shall be borne (1) by the county or city in which the decedent resided at the time of death if the decedent was a resident of Virginia or (2) by the county or city where death occurred if the decedent was not a resident of Virginia or the location of the decedent’s residence cannot reasonably be determined. However, no such expenses shall be paid by such county or city until allowed by an appropriate court in such county or city.B\n\nIn the case of a person who has been received into the state corrections system and died prior to his release, whose body is unclaimed, the Department of Corrections shall accept the body for proper disposition and shall bear the reasonable expenses for cremation or other disposition of the body. In the case of a person who has been received into the state corrections system and died prior to his release and whose claimant is financially unable to pay reasonable expenses of disposition, the expenses shall be borne by the county or city where the claimant resides.C\n\nIn the case of a person who has been committed to the custody of the Department of Behavioral Health and Developmental Services and died prior to his release, whose body is unclaimed, the Department of Behavioral Health and Developmental Services shall bear the reasonable expenses for cremation or other disposition of the body. In the case of a person who has been committed to the custody of the Department of Behavioral Health and Developmental Services and died prior to his release and whose claimant is financially unable to pay reasonable expenses of disposition, the expenses shall be borne by the county or city where the claimant resides.D\n\nAny person or institution having initial custody of a dead body may enter into an agreement with a local funeral service establishment whereby the funeral service establishment shall take possession of the dead body for the purpose of storing the dead body during such time as the person or institution having initial custody of the body or the primary local law-enforcement agency is engaged in identifying the decedent, attempting to identify and contact the next of kin of the decedent, and making arrangements for the final disposition of the body in accordance with this section, provided that at all times during which the funeral service establishment is providing storage of the body, the person or institution having initial custody of the dead body shall continue to have legal custody of the body until such time as custody is transferred in accordance with this chapter.E\n\nIn cases in which a decedent whose remains are disposed of in accordance with this section has an estate out of which disposition expenses may be paid, in whole or in part, or the decedent has any nonprobate assets listed in § 64.2-620 out of which disposition expenses may be paid, such assets shall be seized for such purpose.F\n\nNo dead body that is the subject of an investigation pursuant to § 32.1-283 or autopsy pursuant to § 32.1-285 shall be transferred for purposes of disposition until such investigation or autopsy has been completed.G\n\nAny sheriff or primary law-enforcement officer, county, city, health care provider, funeral service establishment, or funeral service licensee; the Department of Corrections; or any other person or institution that acts in accordance with the requirements of this chapter shall be immune from civil liability for any act, decision, or omission resulting from acceptance and disposition of the dead body in accordance with this section, unless such act, decision, or omission resulted from bad faith or malicious intent.H\n\nNothing in this section shall prevent a law-enforcement agency other than the primary law-enforcement agency from performing the duties established by this section if so requested by the primary law-enforcement agency and agreed to by the other law-enforcement agency.","order_by":null,"text":{"0":{"id":245097,"text":"In any case in which (i) the primary law-enforcement agency of the county or city in which the person or institution having initial custody of the dead body of the decedent is located or the county or city in which the decedent resided, as may be appropriate pursuant to § 32.1-309.1, is unable to identify and notify the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains within 10 days of the date of contact by the person or institution having initial custody of the dead body despite good faith efforts to do so or (ii) the next of kin of the decedent or other person authorized by law to make arrangements for disposition of the decedent’s remains fails or refuses to claim the body within 10 days of receipt of notice of the decedent’s death, the primary law-enforcement agency shall notify (a) the attorney for the county or city in which the decedent resided at the time of death, if known, or (b) if the decedent’s county or city of residence at the time of death is not known, the attorney for the county or city in which the person or institution having initial custody of the dead body is located or, if there is no county or city attorney, the attorney for the Commonwealth in such county or city, and such attorney shall forthwith and without delay request an order to be entered by the court within one business day of receiving such request authorizing the person or institution having initial custody of the dead body to transfer custody of the body to a funeral service establishment for final disposition. Such request shall contain transportation and disposition instructions for the unclaimed dead body. Upon entry of a final order for disposition of the dead body, the person or institution having initial custody of the body shall transfer custody of the body to a funeral service establishment, which shall take possession of the dead body for disposition in accordance with the provisions of such order. In such final order, the court may direct the clerk to forthwith provide a copy of the final order to the attorney who has submitted the request for a final order authorizing the person or institution having initial custody of the dead body to transfer custody of the dead body to a funeral service establishment for final disposition in accordance with this subsection. Except as provided in subsection B or C, the reasonable expenses of disposition of the body shall be borne (1) by the county or city in which the decedent resided at the time of death if the decedent was a resident of Virginia or (2) by the county or city where death occurred if the decedent was not a resident of Virginia or the location of the decedent’s residence cannot reasonably be determined. However, no such expenses shall be paid by such county or city until allowed by an appropriate court in such county or city.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":245098,"text":"In the case of a person who has been received into the state corrections system and died prior to his release, whose body is unclaimed, the Department of Corrections shall accept the body for proper disposition and shall bear the reasonable expenses for cremation or other disposition of the body. In the case of a person who has been received into the state corrections system and died prior to his release and whose claimant is financially unable to pay reasonable expenses of disposition, the expenses shall be borne by the county or city where the claimant resides.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":245099,"text":"In the case of a person who has been committed to the custody of the Department of Behavioral Health and Developmental Services and died prior to his release, whose body is unclaimed, the Department of Behavioral Health and Developmental Services shall bear the reasonable expenses for cremation or other disposition of the body. In the case of a person who has been committed to the custody of the Department of Behavioral Health and Developmental Services and died prior to his release and whose claimant is financially unable to pay reasonable expenses of disposition, the expenses shall be borne by the county or city where the claimant resides.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":245100,"text":"Any person or institution having initial custody of a dead body may enter into an agreement with a local funeral service establishment whereby the funeral service establishment shall take possession of the dead body for the purpose of storing the dead body during such time as the person or institution having initial custody of the body or the primary local law-enforcement agency is engaged in identifying the decedent, attempting to identify and contact the next of kin of the decedent, and making arrangements for the final disposition of the body in accordance with this section, provided that at all times during which the funeral service establishment is providing storage of the body, the person or institution having initial custody of the dead body shall continue to have legal custody of the body until such time as custody is transferred in accordance with this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":245101,"text":"In cases in which a decedent whose remains are disposed of in accordance with this section has an estate out of which disposition expenses may be paid, in whole or in part, or the decedent has any nonprobate assets listed in § 64.2-620 out of which disposition expenses may be paid, such assets shall be seized for such purpose.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":245102,"text":"No dead body that is the subject of an investigation pursuant to § 32.1-283 or autopsy pursuant to § 32.1-285 shall be transferred for purposes of disposition until such investigation or autopsy has been completed.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":245103,"text":"Any sheriff or primary law-enforcement officer, county, city, health care provider, funeral service establishment, or funeral service licensee; the Department of Corrections; or any other person or institution that acts in accordance with the requirements of this chapter shall be immune from civil liability for any act, decision, or omission resulting from acceptance and disposition of the dead body in accordance with this section, unless such act, decision, or omission resulted from bad faith or malicious intent.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":245104,"text":"Nothing in this section shall prevent a law-enforcement agency other than the primary law-enforcement agency from performing the duties established by this section if so requested by the primary law-enforcement agency and agreed to by the other law-enforcement agency.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13399,"edition_id":1,"name":"Disposition of Dead Human Bodies","identifier":"8.1","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:48","date_modified":"2026-06-26 03:44:48","permalink":{"id":204677,"object_type":"structure","relational_id":13399,"identifier":"8.1","token":"32.1\/8.1","url":"\/32.1\/8.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60700,"structure_id":13399,"section_number":"32.1-309.1","catch_line":"Identification of decedent, next of kin; disposition of claimed dead body","url":"\/32.1-309.1\/","token":"32.1\/8.1\/32.1-309.1","metadata":false},{"id":67654,"structure_id":13399,"section_number":"32.1-309.2","catch_line":"Disposition of unclaimed dead body; how expenses paid","url":"\/32.1-309.2\/","token":"32.1\/8.1\/32.1-309.2","metadata":false},{"id":54369,"structure_id":13399,"section_number":"32.1-309.3","catch_line":"Cremations and burials at sea","url":"\/32.1-309.3\/","token":"32.1\/8.1\/32.1-309.3","metadata":false},{"id":81966,"structure_id":13399,"section_number":"32.1-309.4","catch_line":"Determination of hazardous human remains","url":"\/32.1-309.4\/","token":"32.1\/8.1\/32.1-309.4","metadata":false},{"id":82654,"structure_id":13399,"section_number":"32.1-309.5","catch_line":"Storage of a dead human body","url":"\/32.1-309.5\/","token":"32.1\/8.1\/32.1-309.5","metadata":false}],"previous_section":{"id":60700,"structure_id":13399,"section_number":"32.1-309.1","catch_line":"Identification of decedent, next of kin; disposition of claimed dead body","url":"\/32.1-309.1\/","token":"32.1\/8.1\/32.1-309.1","metadata":false},"next_section":{"id":54369,"structure_id":13399,"section_number":"32.1-309.3","catch_line":"Cremations and burials at sea","url":"\/32.1-309.3\/","token":"32.1\/8.1\/32.1-309.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-309.2\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapter 228<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2015, chapters 658<\/a> and 670<\/a>; in 2018, chapter 773<\/a>; in 2023, chapter 486<\/a>.<\/p>","references":[{"id":82654,"section_number":"32.1-309.5","catch_line":"Storage of a dead human body","order_by":null,"url":"\/32.1-309.5\/"}],"refers_to":[{"id":84193,"section_number":"32.1-283","catch_line":"Investigation of deaths; obtaining consent to removal of organs, etc.; fees","order_by":null,"url":"\/32.1-283\/"},{"id":77911,"section_number":"32.1-285","catch_line":"Autopsies","order_by":null,"url":"\/32.1-285\/"},{"id":60700,"section_number":"32.1-309.1","catch_line":"Identification of decedent, next of kin; disposition of claimed dead body","order_by":null,"url":"\/32.1-309.1\/"},{"id":68189,"section_number":"64.2-620","catch_line":"Nonprobate transfers on death","order_by":null,"url":"\/64.2-620\/"}],"permalink":{"id":204683,"object_type":"law","relational_id":67654,"identifier":"32.1-309.2","token":"32.1\/8.1\/32.1-309.2","url":"\/32.1-309.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-309.2\/","token":"32.1\/8.1\/32.1-309.2","dublin_core":{"Title":"Disposition of unclaimed dead body; how expenses paid","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-309.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any case in which (i) the primary law<\/span>-enforcement agency of the county or city in which the person<\/span> or institution having initial custody<\/span> of the dead body of the decedent is located or the county or city in which the decedent resided, as may be appropriate pursuant to § 32.1-309.1<\/a>, is unable to identify and notify the next of kin of the decedent or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains within 10 days of the date of contact by the person<\/span> or institution having initial custody<\/span> of the dead body despite good faith efforts to do so or (ii) the next of kin of the decedent or other person<\/span> authorized by law<\/span> to make arrangements for disposition<\/span> of the decedent’s remains fails or refuses to claim the body within 10 days of receipt of notice of the decedent’s death, the primary law<\/span>-enforcement agency shall notify (a) the attorney for the county or city in which the decedent resided at the time of death, if known, or (b) if the decedent’s county or city of residence at the time of death is not known, the attorney for the county or city in which the person<\/span> or institution having initial custody<\/span> of the dead body is located or, if there is no county or city attorney, the attorney for the Commonwealth in such county or city, and such attorney shall forthwith and without delay request an order to be entered by the court<\/span> within one business day of receiving such request authorizing the person<\/span> or institution having initial custody<\/span> of the dead body to transfer custody<\/span> of the body to a funeral service establishment for final disposition<\/span>. Such request shall contain transportation and disposition<\/span> instructions for the unclaimed dead body. Upon entry of a final order<\/span> for disposition<\/span> of the dead body, the person<\/span> or institution having initial custody<\/span> of the body shall transfer custody<\/span> of the body to a funeral service establishment, which shall take possession<\/span> of the dead body for disposition<\/span> in accordance with the provisions of such order. In such final order<\/span>, the court<\/span> may direct the clerk to forthwith provide a copy of the final order<\/span> to the attorney who has submitted the request for a final order<\/span> authorizing the person<\/span> or institution having initial custody<\/span> of the dead body to transfer custody<\/span> of the dead body to a funeral service establishment for final disposition<\/span> in accordance with this subsection. Except as provided in subsection B or C, the reasonable expenses of disposition<\/span> of the body shall be borne (1) by the county or city in which the decedent resided at the time of death if the decedent was a resident of Virginia or (2) by the county or city where death occurred if the decedent was not a resident of Virginia or the location of the decedent’s residence cannot reasonably be determined. However, no such expenses shall be paid by such county or city until allowed by an appropriate court<\/span> in such county or city. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the case of a person<\/span> who has been received into the state corrections system and died prior to his release, whose body is unclaimed, the Department<\/span> of Corrections shall accept the body for proper disposition<\/span> and shall bear the reasonable expenses for cremation or other disposition<\/span> of the body. In the case of a person<\/span> who has been received into the state corrections system and died prior to his release and whose claimant is financially unable to pay reasonable expenses of disposition<\/span>, the expenses shall be borne by the county or city where the claimant resides. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the case of a person<\/span> who has been committed to the custody<\/span> of the Department<\/span> of Behavioral Health and Developmental Services and died prior to his release, whose body is unclaimed, the Department<\/span> of Behavioral Health and Developmental Services shall bear the reasonable expenses for cremation or other disposition<\/span> of the body. In the case of a person<\/span> who has been committed to the custody<\/span> of the Department<\/span> of Behavioral Health and Developmental Services and died prior to his release and whose claimant is financially unable to pay reasonable expenses of disposition<\/span>, the expenses shall be borne by the county or city where the claimant resides. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person<\/span> or institution having initial custody<\/span> of a dead body may enter into an agreement with a local funeral service establishment whereby the funeral service establishment shall take possession<\/span> of the dead body for the purpose of storing the dead body during such time as the person<\/span> or institution having initial custody<\/span> of the body or the primary local law<\/span>-enforcement agency is engaged in identifying the decedent, attempting to identify and contact the next of kin of the decedent, and making arrangements for the final disposition<\/span> of the body in accordance with this section, provided that at all times during which the funeral service establishment is providing storage of the body, the person<\/span> or institution having initial custody<\/span> of the dead body shall continue to have legal custody<\/span> of the body until such time as custody<\/span> is transferred in accordance with this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In cases in which a decedent whose remains are disposed of in accordance with this section has an estate out of which disposition<\/span> expenses may be paid, in whole or in part, or the decedent has any nonprobate assets<\/span> listed in § 64.2-620<\/a> out of which disposition<\/span> expenses may be paid, such assets<\/span> shall be seized for such purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No dead body that is the subject of an investigation pursuant to § 32.1-283<\/a> or autopsy pursuant to § 32.1-285<\/a> shall be transferred for purposes of disposition<\/span> until such investigation or autopsy has been completed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any sheriff or primary law<\/span>-enforcement officer, county, city, health care provider, funeral service establishment, or funeral service licensee; the Department<\/span> of Corrections; or any other person<\/span> or institution that acts in accordance with the requirements of this chapter shall be immune from civil liability for any act, decision, or omission resulting from acceptance and disposition<\/span> of the dead body in accordance with this section, unless such act, decision, or omission resulted from bad faith or malicious<\/span> intent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this section shall prevent a law<\/span>-enforcement agency other than the primary law<\/span>-enforcement agency from performing the duties established by this section if so requested by the primary law<\/span>-enforcement agency and agreed to by the other law<\/span>-enforcement agency. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION OF UNCLAIMED DEAD BODY; HOW EXPENSES PAID (\u00a7 32.1-309.2)\n\nA. In any case in which (i) the primary law-enforcement agency of the county or\ncity in which the person or institution having initial custody of the dead body\nof the decedent is located or the county or city in which the decedent resided,\nas may be appropriate pursuant to § 32.1-309.1, is unable to identify and\nnotify the next of kin of the decedent or other person authorized by law to make\narrangements for disposition of the decedent’s remains within 10 days of\nthe date of contact by the person or institution having initial custody of the\ndead body despite good faith efforts to do so or (ii) the next of kin of the\ndecedent or other person authorized by law to make arrangements for disposition\nof the decedent’s remains fails or refuses to claim the body within 10\ndays of receipt of notice of the decedent’s death, the primary\nlaw-enforcement agency shall notify (a) the attorney for the county or city in\nwhich the decedent resided at the time of death, if known, or (b) if the\ndecedent’s county or city of residence at the time of death is not known,\nthe attorney for the county or city in which the person or institution having\ninitial custody of the dead body is located or, if there is no county or city\nattorney, the attorney for the Commonwealth in such county or city, and such\nattorney shall forthwith and without delay request an order to be entered by the\ncourt within one business day of receiving such request authorizing the person\nor institution having initial custody of the dead body to transfer custody of\nthe body to a funeral service establishment for final disposition. Such request\nshall contain transportation and disposition instructions for the unclaimed dead\nbody. Upon entry of a final order for disposition of the dead body, the person\nor institution having initial custody of the body shall transfer custody of the\nbody to a funeral service establishment, which shall take possession of the dead\nbody for disposition in accordance with the provisions of such order. In such\nfinal order, the court may direct the clerk to forthwith provide a copy of the\nfinal order to the attorney who has submitted the request for a final order\nauthorizing the person or institution having initial custody of the dead body to\ntransfer custody of the dead body to a funeral service establishment for final\ndisposition in accordance with this subsection. Except as provided in subsection\nB or C, the reasonable expenses of disposition of the body shall be borne (1) by\nthe county or city in which the decedent resided at the time of death if the\ndecedent was a resident of Virginia or (2) by the county or city where death\noccurred if the decedent was not a resident of Virginia or the location of the\ndecedent’s residence cannot reasonably be determined. However, no such\nexpenses shall be paid by such county or city until allowed by an appropriate\ncourt in such county or city.\n\nB. In the case of a person who has been received into the state corrections\nsystem and died prior to his release, whose body is unclaimed, the Department of\nCorrections shall accept the body for proper disposition and shall bear the\nreasonable expenses for cremation or other disposition of the body. In the case\nof a person who has been received into the state corrections system and died\nprior to his release and whose claimant is financially unable to pay reasonable\nexpenses of disposition, the expenses shall be borne by the county or city where\nthe claimant resides.\n\nC. In the case of a person who has been committed to the custody of the\nDepartment of Behavioral Health and Developmental Services and died prior to his\nrelease, whose body is unclaimed, the Department of Behavioral Health and\nDevelopmental Services shall bear the reasonable expenses for cremation or other\ndisposition of the body. In the case of a person who has been committed to the\ncustody of the Department of Behavioral Health and Developmental Services and\ndied prior to his release and whose claimant is financially unable to pay\nreasonable expenses of disposition, the expenses shall be borne by the county or\ncity where the claimant resides.\n\nD. Any person or institution having initial custody of a dead body may enter\ninto an agreement with a local funeral service establishment whereby the funeral\nservice establishment shall take possession of the dead body for the purpose of\nstoring the dead body during such time as the person or institution having\ninitial custody of the body or the primary local law-enforcement agency is\nengaged in identifying the decedent, attempting to identify and contact the next\nof kin of the decedent, and making arrangements for the final disposition of the\nbody in accordance with this section, provided that at all times during which\nthe funeral service establishment is providing storage of the body, the person\nor institution having initial custody of the dead body shall continue to have\nlegal custody of the body until such time as custody is transferred in\naccordance with this chapter.\n\nE. In cases in which a decedent whose remains are disposed of in accordance with\nthis section has an estate out of which disposition expenses may be paid, in\nwhole or in part, or the decedent has any nonprobate assets listed in §\n64.2-620 out of which disposition expenses may be paid, such assets shall be\nseized for such purpose.\n\nF. No dead body that is the subject of an investigation pursuant to §\n32.1-283 or autopsy pursuant to § 32.1-285 shall be transferred for\npurposes of disposition until such investigation or autopsy has been completed.\n\nG. Any sheriff or primary law-enforcement officer, county, city, health care\nprovider, funeral service establishment, or funeral service licensee; the\nDepartment of Corrections; or any other person or institution that acts in\naccordance with the requirements of this chapter shall be immune from civil\nliability for any act, decision, or omission resulting from acceptance and\ndisposition of the dead body in accordance with this section, unless such act,\ndecision, or omission resulted from bad faith or malicious intent.\n\nH. Nothing in this section shall prevent a law-enforcement agency other than the\nprimary law-enforcement agency from performing the duties established by this\nsection if so requested by the primary law-enforcement agency and agreed to by\nthe other law-enforcement agency.\n\nHISTORY: 2014, c. 228; 2015, cc. 658, 670; 2018, c. 773; 2023, c. 486.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}