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Updated: · Author: Oleg Zdendiak, owner of XREQUIEM, 10 years in the funeral business

Exhumation in the USA and Reburial in Ukraine

Exhumation in the USA is possible even when the whole family lives in Ukraine. There is no single federal law: each state sets its own rules, and the disinterment permit comes from the local registrar of vital records. Using New York and California as examples, we explain how to exhume a body legally, what papers the repatriation of remains to Ukraine needs, and what we handle for you.

The 30-second version.

  • Exhumation is authorized by the state, not by Washington. The document is usually called a disinterment permit and is issued by the local registrar where the grave is.
  • You need written consent from the next of kin and consent from the cemetery. If a relative objects, a court decides.
  • A licensed funeral director usually files the paperwork. Family members in Ukraine sign their consents remotely.
  • To bring remains into Ukraine you need the death certificate, a certificate that the casket holds no prohibited items (legalized by a Ukrainian embassy or consulate), and a sealed hermetic metal casket.
  • Our exhumation service starts at €500 plus the cost of transport (repatriation) from the USA. We quote the exact amount for your situation.

Call +380 77 882 77 77Ask about exhumation

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Who can request an exhumation

Each state has its own list of people whose consent is needed. The order is broadly the same: spouse first, then children, then parents, then brothers and sisters.

In New York State, the Not-for-Profit Corporation Law (Section 1510(e)) allows a body to be removed from a cemetery with the cemetery's consent and the written consent of the lot owners, the surviving spouse, adult children and parents of the deceased. If someone refuses, permission can come from the county court or the state supreme court where the cemetery is located.

In California, the Health and Safety Code (Section 7525) requires the consent of the cemetery authority and the written consent of a relative in the order the law sets, starting with the surviving spouse. If consent cannot be obtained, the superior court of the county where the cemetery lies can grant permission (Section 7526).

If the person is buried in a national cemetery, federal Department of Veterans Affairs (VA) rules apply. They require written consent from all living immediate family members and the person who arranged the burial, or a court order.

A family in Ukraine can do all of this from home. Consents are signed before a notary in Ukraine, apostilled and translated into English. In the USA the funeral director files them. If someone acts on behalf of a relative, a power of attorney is needed. We confirm with the local registrar which form the state accepts before anyone signs.

Disinterment permit: laws and who issues it

Exhumation in the USA is regulated by the states. The permit is issued by the local registrar of vital statistics where the remains lie. The application is almost always filed by a licensed funeral director, not by the family. Here are three examples.

New York (state and city)

New York Public Health Law (Section 4144) prohibits removing a body from the state without a permit for removal or other disposition. The state sanitary code (10 NYCRR 13.3) adds that moving a body to another cemetery or a crematory requires a permit from the registrar where the disinterment takes place. The funeral director files the request on a form provided by the state, and on receipt the registrar issues the permit. No permit is needed for a move within the same cemetery.

In New York City, the disinterment permit is issued by the Office of Vital Records of the Department of Health and Mental Hygiene (DOHMH). The family does not apply directly: you go through a licensed funeral director. Funeral directors in the city also have to register with DOHMH.

California

California uses the general Application and Permit for Disposition of Human Remains (VS 9). It has a separate box for disinterment and a section for shipping outside the state or country. The permit is issued by the county's local registrar. The applicant signs that they hold the right to control disposition under Section 7100 of the Code.

If relatives disagree and the case goes to court, the law requires advance notice to the cemetery and to the relatives who did not consent (Section 7527). A local attorney confirms the exact notice period. In New York State the law requires at least 8 days' notice in person or 16 days by mail.

District of Columbia

In Washington, D.C., the application for disinterment and reinterment is signed by the next of kin or the decedent's representative and by the person in charge of the disinterment. It is approved by the Director of DC Health. The permit must accompany the body to its destination.

Other states work in a similar way, but forms, fees and timelines differ. Official sites rarely say how long a permit takes, so we check with the specific county.

When exhumation is allowed

We found no general minimum period after burial in New York or California law before a body may be exhumed. The law sets no closed months either. The cemetery sets the date and hours under its own rules.

If the person died of an infectious disease, extra sanitary conditions may apply. We check with the local authority whether they affect your case.

Urns and caskets are different. An urn in a columbarium or grave is also removed with the cemetery's consent, and whether a separate registrar permit is needed depends on the state. Shipping an urn is simpler and cheaper than shipping a casket.

How the exhumation is done

The work is done by the cemetery or its contractor. The funeral director arrives with the permit and a new casket or container. Relatives may attend if the cemetery agrees. To be honest, it is hard, and many people choose not to go.

New York rules say that if the original casket has lost its integrity, the remains are placed in another container. For transport to Ukraine that is not enough. Ukrainian law requires a hermetically sealed metal casket for import, and it is sealed with official seals. We prepare it together with a local funeral home.

There is another option: cremate the remains in the USA and bring the urn home. That is the family's decision, and we never push it. California form VS 9 has a separate box for cremation. The application is signed by the person with the right to control disposition.

Documents for repatriation of remains to Ukraine

On the US side:

  • the disinterment permit, or California form VS 9 marked for disinterment;
  • written consents of relatives and the cemetery, or a court order;
  • a certified death certificate from the state or county registry;
  • an out-of-state transit permit, if the state issues one separately.

On the Ukrainian side, Article 22 of the Law of Ukraine "On Burial and Funeral Affairs" requires:

  • a death certificate or another document from a competent authority;
  • a certificate that the body and casket contain no items banned from crossing the border, issued by a competent authority of the country and legalized by a Ukrainian consulate or embassy;
  • a hermetically sealed metal casket, sealed with official seals.

The certificate is legalized by a Ukrainian diplomatic mission in the USA: the embassy in Washington or a consulate. We check in advance which one serves your state. Death certificates are issued by the state, so the apostille comes from that state's competent authority, usually the Secretary of State. Ukraine and the USA are both parties to the Hague Apostille Convention, so an apostille is enough for the certificate. Federal documents are apostilled by the US Department of State's Office of Authentications. We translate everything into Ukrainian. The full list of border papers is on our documents page.

Reburial in Ukraine

A US permit does not give the right to bury someone in Ukraine. That needs a decision of the executive body of the village, town or city council at the new burial place. The California form also has a field for the receiving address in the destination country, so it helps to have the place in Ukraine arranged early. We cover the Ukrainian procedure in detail in our article on exhumation and reburial in Ukraine.

We suggest starting the Ukrainian side in parallel with the American one. That way the council's permission is ready when the state issues its permit.

How much does it cost to exhume a body in the USA

There is no national fee schedule. You pay separately:

  • the cemetery for opening the grave and the disinterment;
  • the registrar for the permit (fees vary by county);
  • the funeral director for paperwork and handling;
  • a new hermetic metal casket;
  • the apostille, translation and legalization.

A few examples from official city cemetery fee schedules:

CemeteryWhat it coversFee
Taylor City Cemetery, Texas (from 1 November 2025)disinterment, weekdays 9:00 a.m. to 3:30 p.m.$2,850
Taylor City Cemetery, Texasdisinterment, Saturdays, holidays, weekdays after 3:30 p.m.$3,250
City of Evans, Colorado (2026 fees)adult disinterment$2,810
City of Evans, Colorado (2026 fees)cremains disinterment$565

Private cemeteries in big cities may charge more. We ask the specific cemetery for a quote.

Our exhumation service starts at €500 plus the cost of transport (repatriation) from the USA. We calculate the exact amount for your situation. For transport there is no prepayment: you pay after handover under the contract.

Timeline: from the first call to the funeral in Ukraine

StageApproximate time
Call, grave details, finding a funeral director in the state1–2 weeks
Family consents (notary and apostille in Ukraine, translation, courier)1–3 weeks
Cemetery consent and registrar's permit1–4 weeks, depends on the county
Court, if a relative objectsseveral weeks to months
Council permission in Ukraine (in parallel)depends on the council
Exhumation, new casket, apostille and legalization1–3 weeks
Air transport and funeral in Ukrainea few days

By our estimate, it takes roughly six weeks to three months in total. The timing depends on state agencies, the cemetery and the consulate, not on us.

Frequently asked questions

Can you exhume a body in the USA if the whole family lives in Ukraine?

Yes. Consents are signed before a notary in Ukraine, apostilled, translated and sent to the USA. A licensed funeral director files for the permit. We organize the whole chain.

Who issues a disinterment permit in the USA?

Usually the local registrar of vital records in the county where the remains lie. In New York City it is the DOHMH Office of Vital Records. In California the county registrar issues form VS 9 marked for disinterment.

What if one relative objects?

Then a court where the cemetery is located decides. In New York State the relatives who did not consent must get at least 8 days' notice in person or 16 days by mail. California law also requires advance notice.

How much does it cost to exhume a body in the USA?

At the city cemeteries in our examples, the disinterment alone costs $2,810 to $3,250 for a body and $565 for an urn. The permit, funeral director, casket and documents are extra. Our exhumation service starts at €500 plus the cost of transport (repatriation).

Does a US death certificate need an apostille for Ukraine?

Yes. The competent authority of the state that issued the certificate adds it, usually the Secretary of State. The certificate confirming no prohibited items is legalized by a Ukrainian embassy or consulate.

Can the remains be cremated in the USA and the urn brought to Ukraine?

Yes, if the people with the right to control disposition agree. An urn is easier to ship, but border documents are still required.

The person is buried in a national cemetery. What changes?

Department of Veterans Affairs rules apply. You need written consent from all living immediate family members and the person who arranged the burial, or a court order. Prior written approval comes from the cemetery's management, and only for a compelling reason.

What to do now

  1. Find out the cemetery name, state, county and plot number.
  2. Talk to the spouse, children and parents of the deceased: their signatures will be needed.
  3. Contact the council in Ukraine about a place for reburial.
  4. Call us: we will explain what your state requires, find a funeral director and handle transport and documents. Service details are on the page body repatriation from the USA.

We are available 24/7: +380 77 882 77 77, also on Viber, WhatsApp and Telegram.

Call +380 77 882 77 77Ask about exhumation

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