                                 CODE OF VIRGINIA

DISPOSITION OF UNCLAIMED DEAD BODY; HOW EXPENSES PAID (§ 32.1-309.2)

A. 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 &#xA7; 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&#8217;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&#8217;s remains fails or refuses to claim the body within 10
days of receipt of notice of the decedent&#8217;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&#8217;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&#8217;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. 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.

C. 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.

D. 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.

E. 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 &#xA7;
64.2-620 out of which disposition expenses may be paid, such assets shall be
seized for such purpose.

F. No dead body that is the subject of an investigation pursuant to &#xA7;
32.1-283 or autopsy pursuant to &#xA7; 32.1-285 shall be transferred for
purposes of disposition until such investigation or autopsy has been completed.

G. 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.

H. 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.

HISTORY: 2014, c. 228; 2015, cc. 658, 670; 2018, c. 773; 2023, c. 486.