Exhumation procedure and costs involved

Who can request an exhumation and for what reasons?

Exhumation is a matter of absolute necessity. Unearthing a body or mortal remains from its location (grave, vault, pit) leads either to its relocation (reduction) or examination. The exhumation request can come from various entities:

Exhumation request by a close relative

This exhumation request is made by what will be considered the closest relative of the deceased. The law does not specify any established order, but in case of disagreement, close relatives considered from the most to the least legitimate are: the spouse, children, parents, and then siblings. This legitimacy will only come into play if the applicant has not obtained the explicit consent of each of the deceased's heirs.

The reasons for an exhumation request by a close relative can be:

• the burial was carried out urgently, and relatives wish to return the deceased's body to the intended (family) location

• the deceased's last wishes were not respected (evidence required)

• a conflict within the family that requires DNA examination (inheritance issues)

• the family is preparing for a new burial, carrying out work on the family tomb to make space in the vault

• the family wishes to stop maintaining the burial site and therefore proceeds to cremate the remains to free up the plot

Exhumation request by municipal authorities

Due to land constraints, when a concession reaches its term or when there is evidence of concession abandonment (due to lack of maintenance or a dilapidated, indecent grave), the municipality initiates a reclaim procedure. Cemeteries are indeed running out of space with the expansion of urban areas and the increasing number of deaths. The mayor, responsible for the proper management of funeral territories within his or her jurisdiction, carries out the necessary procedures to optimize cemetery space management, such as expanding or annexing land, or conducting multiple exhumations. This last resort involves notifying the family (a 3-year waiting period is considered for the family to be notified) before establishing an abandonment report to continue the reclaim procedure: recovering remains, placing them in a reliquary, and transferring them to the municipal ossuary of the cemetery.

Exhumation request by judicial authorities

In fact, in cases of uncertainty regarding the cause of death, a court decision will require exhumation of the body for a more in-depth medical examination. These circumstances are rare and often disturb the family's mourning process, who must be informed of the exhumation decision. The request under judicial authority can also be requested by third-party organizations such as the CPAM (Health Insurance Fund), especially if the death occurred under professional conditions, for example.

Administrative formalities related to exhumation in France

To make the request, the family or the representative must provide, in addition to the approval attestation of the other members (consent of the entitled persons), the following supporting documents:

• proof of civil status (proof of identity)

• proof of residence

• family record book (proof of kinship)

• death certificate

• notarized certificate

Legally, exhumation requires authorization from the town hall.

The request is granted after a waiting period (processing time) of about four months. It can also be granted by court decision, which will imply automatic authorization from the mayor.

An exhumation can cost up to €8,000 if the funeral company charges for every service (moving ornaments, €3 per kilometer traveled, etc.). The majority of the cost comes from the marble work (opening and/or closing of the tomb): between €250 and €700. To these costs are added those of the new container if needed (urn, reliquary, new coffin, etc.), any additional days in the funeral home, funeral staff, and equipment.

The intervention of a public servant also involves the cost of a temporary assignment (ranging between €12 and €28).

How does the exhumation take place?

Exhumation involves the unearthing of mortal remains, ash remains, or a body, which will then be reduced or restored to their original state in their new location.

It must be carried out outside the cemetery's opening hours or in the presence of a safety demarcation of the area affected by the exhumation. Indeed, the health risks associated with exhumation expose the public to danger, which must be controlled by funeral and municipal staff present during the exhumation (2010 decree).

Other hygiene measures must be respected and are imposed by law. Funeral staff must wear appropriate clothing and perform sanitary cleaning before exhumation. In addition, the coffin must be sprayed with a disinfectant liquid that minimizes the risk of contamination.

Exhumation must be carried out in the presence of a relative or a family representative. Without their presence, the exhumation cannot take place, and the temporary assignment fees (presence of a municipal employee) must be paid despite the absence.

It is possible that the mayor may designate a municipal employee responsible for supervising the operation. This specification entails costs (temporary assignment) for those who have requested exhumation.

The following individuals will be present:

• funeral service agent

• representative of the law (police officer or rural policeman designated by the mayor)

• representative of the family or deceased's relative

In the case of a death involving a contagious infection, there must be a one-year waiting period following the date of death before exhumation can take place.

In the case of exhumation for relocation, the body undergoes a funeral reduction and the remains are placed in a reliquary, which is then placed in a communal ossuary.

Cases of exhumation prohibition

Aside from judicial rejections, it is possible that an exhumation request may be delayed or rejected. In cases of contagious body decomposition, a minimum one-year period from the date of death must be observed before exhumation is allowed. This applies to bodies that have been victims of certain contagious diseases such as plague, cholera, rabies, HIV, orthopoxviruses, viral hepatitis (except verified hepatitis A), and anthrax.

Furthermore, the mayor can refuse to grant the request to maintain public order or if they believe that the exhumation operation will cause unsanitary conditions in the cemetery or lead to a lack of decency.

If the exhumation site is a temporary location, of course, the exhumation will take place.

To learn more: public-service