When someone dies in the USA
The process when a British national dies in the US, including registering the death, funerals and cremations, and bringing the person’s body to the UK.
Contacting the insurance company
If the person who died had insurance, contact their insurance company as soon as possible. Read the general guidance on what to do when someone dies abroad if you’re not sure if they had insurance.
The insurance company should appoint a funeral director in the US and the UK. They may also cover the cost of bringing the person’s body to the UK (repatriation) and help with any medical, legal, interpretation and translation fees.
Registering the death
The funeral home or medical professional who pronounced the death will register the death. They will complete the necessary steps and file a death certificate with the local vital records office. You will need to consider who else to inform. This could include:
- the Social Security Administration
- any benefits companies
- financial institutions
If the person died suddenly, unexpectedly or alone, the medical examiner will prepare a report of their investigation. After doing this, they will release the body for burial, cremation or repatriation. The court will keep the report and will only release it to the next of kin.
If the death was caused by a criminal act, the police will conduct a full investigation. The prosecutor will decide whether to prosecute. This can delay the release of the body.
Getting a death certificate
After registering the death, you will get a death certificate. US death certificates give the cause of death. It’s worth asking for extra copies of the death certificate, as you might need them to show to people later.
If the medical examiner is not satisfied after examining the facts, they may order a postmortem. There may be further investigations and interviews with witnesses before they decide a cause of death. This may delay you getting a death certificate.
Postmortems in the US
A postmortem is a medical examination of the body. In the US these are commonly called an ‘autopsy’. There might be one in the US if the cause of death is unknown, unnatural, sudden or violent.
Cultural or religious sensitivities may not be taken into account. Small tissue samples and organs may be removed for testing without the family’s permission. You will not automatically be told if this happens.
If organs are removed, they will normally be returned before the person’s body is released for burial. In exceptional circumstances body parts may be kept without permission. This might happen if further investigation is needed. The next of kin will be told if this happens.
In the US, family members may have access to postmortem reports. Access to reports varies significantly due to differences in states’ laws and specific circumstances. Discuss procedures with your funeral director or the medical examiner’s office in the state where the person died.
Burying or cremating the body in the US
You need a local funeral director to arrange a burial or cremation in the US. You can find a funeral director where the person died by searching for one online.
When a family cannot pay for funeral services in the US, the county or state government takes financial responsibility. The hospital, coroner’s office or social services will direct the family to assistance programmes. If assistance does not cover the entire cost, and the family truly cannot contribute, the county or state will arrange for a burial at public expense. The county coroner or medical examiner’s office usually arranges burials in these cases.
You should not have the person cremated abroad if you want a coroner in England and Wales to conduct an inquest into their death. In Scotland, a further investigation may still be possible.
Bringing the body to the UK
Ask your funeral director about options for bringing the person’s body to the UK from the US (repatriation).
You should immediately contact the person’s insurance company to see if they will cover repatriation expenses and make arrangements. If the insurance company confirms cover, you should not appoint your own funeral director or be pressurised by local funeral agencies to do so. The insurance company will normally have a standing agreement with an international funeral director in the UK to arrange repatriations.
If the person who died is not covered by insurance, you will need to appoint a funeral director in the US or an international funeral director yourself.
In certain circumstances immediate burial, cremation or repatriation may not always be possible. For example, a postmortem might be performed to find the cause of death.
You may need documents such as a local civil registry death certificate, a certificate of embalming or cremation to transfer remains to the UK. If necessary, the funeral director will arrange this.
Bringing the ashes to the UK
Ask your funeral director about the rules for bringing ashes to the UK.
Bringing the ashes to the UK yourself
If you are taking the ashes with you when you leave the US, you will need to show:
- a certified copy of the death certificate
- the cremation certificate
- the ashes in a non-metallic urn or container (to allow airport security to X-ray it)
Contact your airline to ask about their specific rules before you fly.
Arranging for the ashes to be taken to the UK
Ask your funeral director for advice if you cannot take the ashes yourself. You may not be able to send them by post or courier. Ashes can be shipped by air freight, although this can be expensive.
Getting the person’s belongings back
Belongings the person had with them when they died are normally given to you or taken by the police to be handed over to the court.
If you bring the person’s body to the UK, you can ask your local funeral director to collect all the belongings and transport them together.
Belongings may be kept as evidence if there is an investigation into the death. They will only be returned when the court case is over.
The British embassy or consulates in the US cannot take responsibility for the personal belongings of the person who died.
Finding a US lawyer
You may need a lawyer to help you understand the US legal system when someone has died. To find a lawyer, use our USA lawyers guidance to find contact details for the state bar association where the person died. State bar associations regulate the legal profession in each state. The British embassy or consulate in the US cannot give you legal advice or pay for legal costs.
Telling the UK authorities
Although you do not have to register the death in the UK, when someone dies abroad you still need to tell the UK authorities. Read general guidance on what to do when someone dies abroad to find out what to do.
Contacting the Foreign, Commonwealth & Development Office (FCDO)
You can contact the FCDO if you still need advice:
- in the UK call +44 (0)20 7008 5000
- see how to get help from the UK government abroad