What steps must one take in North Carolina to exhume and move a loved one’s remains to another state? - Pennsylvania
The Short Answer
If the burial and proposed exhumation are in North Carolina, North Carolina law and local North Carolina court/cemetery rules will control the process—not Pennsylvania. Under Pennsylvania law, however, disinterment and reinterment disputes are treated as serious matters, and a court can become involved depending on who has authority to decide and whether others object.
What Pennsylvania Law Says
In Pennsylvania, the right to control the disposition of a decedent’s remains is governed by a priority list (starting with the decedent’s own instructions, then typically the surviving spouse, then next of kin). When family members disagree or there is a challenge to who has authority, the Orphans’ Court can be asked to decide who controls disposition and related decisions.
The Statute
The primary law governing who has authority over disposition of remains in Pennsylvania is 20 Pa.C.S. § 305.
This statute establishes an order of priority for who may make decisions about the disposition of a decedent’s remains (and provides a court process when there is a dispute, disqualification, or competing claims).
If the death is recent or there are investigative issues, Pennsylvania law also restricts moving a body while a coroner has jurisdiction. See 16 Pa.C.S. § 13922.
For a deeper discussion of who has decision-making authority in Pennsylvania, you may find this helpful: Who legally decides funeral arrangements and disposition of remains in Pennsylvania when the deceased was married?
Why You Should Speak with an Attorney
Even when everyone agrees emotionally, relocating remains across state lines often becomes legally complicated because multiple authorities may be involved (the cemetery, a court, and health/vital-records agencies). Legal outcomes often depend on:
- Authority to decide: Whether you are the person with legal priority under 20 Pa.C.S. § 305, and whether anyone else with equal or higher priority objects.
- Burden of proof in disputes: If there is disagreement, courts generally treat disinterment as extraordinary and fact-specific, and you may need to show strong reasons and proper authority.
- Cross-state coordination: When the burial is in North Carolina but family is in Pennsylvania (or the new burial is elsewhere), you may need coordinated legal strategy so you don’t get stuck with conflicting requirements or delays.
Trying to handle this alone can lead to delays, family conflict escalating into litigation, or a denial by the cemetery/court because the wrong person signed or the wrong forum was used.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options—especially if there is any family disagreement or you need a court order recognizing who has authority.
Disclaimer: This article provides general information under Pennsylvania 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.