Money & Debt

Worried about doing this on your own?  You may be able to get free legal help.

What happens if I can't afford to bury my loved one's remains?

When someone dies, a family member or another adult must claim the remains. That person has 72 hours to pick up the body. The order of who can claim the body of a deceased person is as follows:

  • Anyone chosen in writing, such as the power of attorney for healthcare, 
  • An executor of the deceased person's last will and testament,
  • The person's spouse at the time of death,
  • An adult child, 
  • A parent, 
  • Another adult relative, or
  • A recognized religious or community group.

Sometimes a family cannot afford to bury the body. If the deceased was getting at least one form of assistance from the Illinois Department of Human Services, such as through TANF or Medicaid, then the Department may pay for the funeral and burial. Read the process below. 

If the Department cannot help, apply to your township's General Assistance program to help pay for the burial costs. Read our Applying for General Assistance page for information on how to get General Assistance. The township will ask if the family wants to donate the body to science. If they donate the body, the family must make sure the institution follows the rules. The institution will move the body from the hospital or state facility.

No one claims the body

The state will keep the body if no one claims it. The state will try to reach someone who can be responsible for the disposition of the body. That person will have 72 hours to claim the body or make arrangements to remove it. The body will go to science if no one claims it unless:

  • The remains are part of a criminal case, or
  • The person who died said in writing not to donate the remains.

The facility must identify the deceased, including the person's race and religion. It has to give this information to the Illinois Department of Public Health. The facility has to keep records of how it tried to find family members and any other papers. The facility must give the information to the place that receives donated remains.

Remains donated to science

The medical institution, mortuary, or permitted scientific place that gets the body must hold it for 30 days before using it. The family can ask for the remains at any time. The place that receives the remains must pay to return the remains. 

The medical institution, mortuary, or permitted scientific place cannot transfer or sell the remains once it has finished using them. The institution will then cremate the remains. It will try to give the cremated remains to a family member. The place will bury the remains in a cemetery if no one picks up the remains. It will notify the family on record.

Receiving funeral and burial costs from the Illinois Department of Human Services

If the deceased was receiving assistance from the Illinois Department of Human Services (IDHS), then IDHS may help pay for the funeral and burial costs. This will happen after the individual has paid those costs. The maximum that IDHS will pay for each service is $1,370 for a funeral and $668 for a cremation/burial. The process for potentially receiving these benefits is below:

  1. Check eligibility. The IDHS will pay the funeral and burial costs, up to a certain amount, of any person who dies and either was receiving or was eligible to receive the benefits listed below:
    • Temporary Assistance for Needy Families (TANF) Cash (only if actually receiving)
    • Aid to the Aged, Blind, or Disabled (AABD) Cash (only if actually receiving)
    • All Kids Assist (if receiving or eligible to receive)
    • Parent/All Kids Assist (if receiving or eligible to receive)
    • All Kids Moms & Babies (if receiving or eligible to receive)
    • Family Assist (if receiving or eligible to receive)
    • AABD Medical (if receiving or eligible to receive)
    • General Assistance Foster Care/Adoption Care (only if actually receiving)
  2. Check limitations. The person who submits the claim must do so within 180 days of the death. A claim filed 30 days or more after the death must include a written explanation of the delay. Also, the following people will not be reimbursed:
    • A beneficiary of the life insurance policy of the person who died. If insurance proceeds are less than the appropriate reimbursement standard, they can still qualify.
    • The spouse of the person who died.
    • A parent of the person who died if they were under 18 years of age.
  3. Gather the necessary information. Gather the information you will need to complete the form, including:
    • Your information: social security number, name, address, relationship to person who died.
    • Information on your local IDHS office: this IDHS office locator can help you find your local office.
    • Information about the person who died: their IDHS case name and number, date of death, name, social security number, date of birth.
    • Funeral home and cemetery names.
    • Claimed cost information. You will also need to attach copies of contracts, purchase records, and/or receipts showing amounts paid, the person who paid, and the person or business who got the payment.
    • Cost offset information. If the relatives, estate, or death benefits of the person who died have contributed to the funeral and burial costs, you will need to include the amounts paid by each source.
  4. Complete the form. After you gather the necessary information, complete the Funeral and Burial Reimbursement Claim form. Pay close attention to the instructions to facilitate smooth processing.
  5. Submit the form to your local DHS office. Once you have completed the form, you need to submit the form to your local DHS office. You should submit at least the original form and 2 copies to your local office. Keep a copy for yourself. You may also need to submit a form to the main IDHS office in Springfield. If you are confused about where to properly submit your form, or how many copies to submit, you may call the IDHS Funeral and Burial Unit at (217) 785-4216 or contact your local Family Community Resource Center (FCRC).
  6. Await response. You may choose to ask your local DHS office when you submit the form, or you may follow up throughout claim processing at the number above. If for some reason IDHS returns your claim so that you may make required changes and resubmit the form, you must resubmit the form within 90 days of receipt.

Receiving General Assistance from your local township to help pay funeral and burial costs

Please visit our Applying for General Assistance page for information on how to obtain General Assistance funds to pay funeral and burial costs. That page also includes links to other pages that you may find helpful throughout your General Assistance experience.

Last full review by a subject matter expert
July 17, 2023
Last revised by staff
August 12, 2023

Comments & Ratings

Rate
Average: 5 (3 votes)

Only logged-in users can post comments.  Please log in or register if you want to leave a comment.  We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help.

Worried about doing this on your own?  You may be able to get free legal help.