The Short Answer

If the remains are currently buried in North Carolina, the key legal requirement is usually a North Carolina disinterment/reinterment permit issued through the local registrar, and in some situations a court order may be required. If the remains are being received or reburied in Florida, Florida law generally requires written authorization from a legally authorized person (or a court) and the involvement of a licensed funeral director for the disinterment/reinterment.

What Florida Law Says

Even though your question focuses on North Carolina, families often run into problems because the “sending state” (where the grave is) and the “receiving state” (where the remains will be reinterred) can each impose separate legal requirements. In Florida, disinterment/reinterment is regulated under the Funeral, Cemetery, and Consumer Services Act, and it generally must be handled through proper authorization and licensed professionals.

The Statute

The primary law governing this issue is Fla. Stat. § 497.384.

This statute establishes that a funeral director must obtain written authorization from a legally authorized person (or a court of competent jurisdiction) before disinterment and reinterment, and that a licensed funeral director must be physically present for disinterment and reinterment (with a limited exception when reinterment is in the same cemetery).

Florida also requires that transportation of a dead human body be accompanied by a properly completed burial-transit permit issued under Florida’s vital statistics laws. See Fla. Stat. § 382.007.

On the North Carolina side (where the grave is located), North Carolina law generally requires a disinterment-reinterment permit before disinterment, issued by the local registrar. See N.C. Gen. Stat. § 130A-113. North Carolina also allows certain exhumations by court order, and in some circumstances next-of-kin involvement is specifically addressed. See N.C. Gen. Stat. § 130A-390.

If there is a family dispute about who has authority to make decisions about remains, Florida courts may look beyond paperwork and into intent and common-law rights, which can quickly become litigation. For more background on disputes over remains, you may find this helpful: Who has the legal right to decide funeral arrangements in Florida when the deceased was married?

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your family’s situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Timing can matter when coordinating permits, cemetery requirements, and transportation rules (including burial-transit permit requirements for transport and final disposition). See Fla. Stat. § 382.007.
• Burden of Proof: If anyone objects (family members, plot owners, or others with legal rights), you may need to prove who has authority to authorize the move and whether court involvement is required.
• Exceptions and Overlapping Rules: North Carolina permitting rules (local registrar permits and possible court orders) must align with Florida’s authorization and funeral-director requirements, and cemeteries often have their own contractual rules layered on top of state law. See Fla. Stat. § 497.384.

Trying to handle this alone can lead to delays, denial of permits, or a dispute that forces court involvement—often at the worst possible time for a family.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.