Prepaying a funeral: pros and cons
Your federal rights: the FTC Funeral RuleFederal law
The Funeral Rule applies to pre-need arrangements as well as at-need ones. You’re entitled to a General Price List, you can buy only the goods and services you want instead of a package, and a funeral home can’t refuse a casket bought elsewhere or charge a fee to handle it. If survivors later change the plan or must pay extra because prices weren’t guaranteed, the funeral home must give them price lists and an itemized statement.
- Price lists, itemized choice, outside caskets; the Rule applies to pre-need and at-need arrangements. Source: FTC – Funeral Rule, checked Oct 29, 2026.
- Regulation text. Source: 16 CFR Part 453, checked Oct 29, 2026.
- Pre-need duties, including when survivors pay more because prices were not guaranteed. Source: FTC – Complying with the Funeral Rule, checked Oct 29, 2026.
Pros
- Your wishes, your choices: you can shop and compare without time pressure.
- Less burden on family at a hard time.
- Possible price lock: only if the contract guarantees prices. Otherwise survivors may owe more.
- Benefits planning: under federal SSI rules, a burial contract that can’t be revoked (and can’t be sold without significant hardship) isn’t counted as a resource. Each state applies its own Medicaid rules, which we haven’t verified, so check with your state Medicaid agency.
- An irrevocable prepaid burial contract is not a countable SSI resource; its burial-funds portion reduces the $1,500 burial-funds exclusion. Source: SSA POMS SI 01130.420, checked Oct 29, 2026.
- $1,500 burial-funds exclusion and its reductions. Source: 20 CFR 416.1231, checked Oct 29, 2026.
Cons and questions to ask
- Where does the money go? States regulate prepaid funeral money, but protections vary widely and some offer little. Some require a trust or an insurance policy.
- What if the funeral home closes? Ask how you’re protected.
- Cancellation and refunds: can you cancel and get a full refund?
- Moving or dying away from home: some plans can be transferred, often at extra cost.
- What’s covered: merchandise only, or services too? Which items aren’t price-guaranteed?
- Interest: what happens to interest on money held in trust?
- Tell your family where the contract is, so they don’t pay twice.
- Questions to ask before prepaying, and the note that state protections vary widely. Source: FTC – Planning your own funeral, checked Oct 29, 2026.
Alternatives
Some people set aside money in a payable-on-death bank account naming a trusted person, or buy a small burial (final expense) insurance policy. Both have trade-offs, including how they’re treated for Medicaid, so compare them with a prepaid plan.
Pilot statesState law
Each state sets its own preneed trust, deposit and cancellation rules. We haven’t yet verified the statutes for New Hampshire, California, Texas, Florida or Ohio, so we don’t summarize them.
Related: Medicaid look-back · Estate planning checklist