hestiaDo these first
1. Say in writing that you will claim them. Email or write to the facility that you are the family and intend to claim the body, even if you don’t have the money yet. Ask them to confirm it and tell you the deadline.
2. Ask where they are now. Is the body at the facility, a hospital, or with the medical examiner? Will there be an autopsy, and when will the body be released?
3. Write everything down. Names, phone numbers, dates and what each person told you. Keep copies of every letter and email.
4. Choose a funeral home early. It can collect the body as soon as it is released, and it files the death certificate. You don’t have to decide on a service yet.
Who to call: for a state prison, the warden’s office or the chaplain. For a county jail, the sheriff’s office. For a federal prison, the facility itself.
The deadlines
| What the law says | |
|---|---|
| Tennessee | When someone dies in a penal institution and no one claims them, the nearest relative is notified and the body is held for 96 hours. Then the chief medical examiner is told, and if they don’t take the body within 72 hours it is buried or cremated (Tenn. Code Ann. §§ 68-4-102, 68-4-103, 68-4-113). Act within the first four days after you are told. |
| North Carolina | A body is generally treated as unclaimed after 10 days, and the county can shorten that (N.C. Gen. Stat. § 130A-415). It may then go to the state Commission of Anatomy, or the county arranges cremation or burial. State prisons send the family a certified letter within 72 hours with the medical examiner’s contact details. |
The clock can work differently while the medical examiner has the body. Ask the facility and the medical examiner which deadline applies to you, and get the answer in writing.
Autopsy and investigation
Deaths in custody usually go to the medical examiner, who may do an autopsy. This can delay the release by days or weeks. You can ask for a copy of the autopsy report and the death certificate.
If you want an independent autopsy, arrange it before any cremation, because it cannot be done afterwards. It usually costs several thousand dollars. A lawyer can tell you whether it is worth it in your situation.
What it costs, and the lowest-cost choice
In most cases the family pays for transport and for the burial or cremation. The lowest-cost choice is usually direct cremation: no viewing and no service at the funeral home. You can still hold a memorial later, anywhere.
On the price lists Hestia publishes, the lowest listed direct cremation price is $915 near Nashville (list dated April 2026) and $1,595 near Charlotte (list dated November 2025). Ask what is included, especially the crematory fee, the container and collecting the body from the medical examiner.
Find the lowest prices near you
Hestia charges you nothing. Planning is free, and families of someone who died in custody pay no booking fee on anything booked through Hestia.
If you can’t pay
- Ask the county. Tennessee counties may pay for the burial or cremation of a person with no means (Tenn. Code Ann. § 5-9-101). In North Carolina, ask the county department of social services.
- Ask the facility whether the person’s account balance can go towards the funeral, and whether the state contributes anything.
- If the death was caused by a crime, ask about your state’s crime victims’ compensation program, which can cover funeral costs.
- If they served in the military, ask the VA about burial benefits.
- See more ways in paying for a funeral.
Their belongings and money
Ask the facility in writing for a list of their property, the balance of their account, and how and when both will be returned. Belongings can be held while an investigation is open. Keep a copy of your request and follow up if you don’t hear back.
When the body is released
The funeral home collects them, files the death certificate and orders certified copies for you. From here, the steps are the same as for any family. See what comes after the funeral, or use a free family space so relatives can help.
You are allowed to grieve however the death happened. A memorial, a gathering or a quiet goodbye are all yours to choose.
General information, checked November 2026. Not legal advice. Each facility can have its own procedures: ask them for their policy in writing.