Funeral Home Preneed Contract Documentation Review Checklist [FREE PDF]

Preneed funeral contracts are regulated at both federal and state levels, with the FTC Funeral Rule (16 CFR Part 453) establishing baseline disclosure and itemization requirements for all funeral providers. State mortuary board regulations impose additional requirements governing trust fund percentages, cancellation rights, permitted sellers, and required contract language. Violations of preneed contract regulations can result in FTC civil penalties up to $51,744 per violation, license revocatio

  • Industry: Funeral Homes
  • Frequency: Per Event
  • Estimated Time: 30-45 minutes
  • Role: Funeral Director
  • Total Items: 37
  • Compliance: FTC Funeral Rule 16 CFR Part 453, 16 CFR 453.2 - General Price List Requirements, 16 CFR 453.4 - Required Purchases & Disclosures, State Mortuary Board Preneed Regulations, NFDA Preneed Consumer Protection Guidelines

Contract Identification & Basic Information

Verify that the preneed contract contains all required identifying information and parties.

  • Does the contract clearly identify the funeral home's legal name, address, and state license number?
  • Are the purchaser's full legal name, address, and contact information accurately recorded?
  • Is the beneficiary (decedent) clearly identified separately from the purchaser if different?
  • Does the contract include the date of execution and expected delivery date or triggering event?
  • Are both the funeral home representative's and purchaser's signatures present and dated?

Price Itemization & FTC Funeral Rule Disclosures

Confirm all required goods and services are individually itemized per FTC Funeral Rule requirements.

  • Does the contract itemize each funeral good and service with an individual price?
  • Is the basic services fee for the funeral director and staff disclosed as a separate non-declinable charge?
  • Are all cash advance items (e.g., death certificates, obituary notices) identified and disclosed at actual cost?
  • Does the contract price list match the current dated General Price List (GPL) on file?
  • Does the contract address price guarantee or price escalation provisions for future at-need services?
  • Is the total contract amount clearly stated with a payment schedule or lump sum designation?

Trust Fund & Escrow Account Disclosures

Verify proper trust fund or insurance funding disclosures as required by state preneed regulations.

  • Does the contract specify the funding method (trust/escrow, insurance policy, or combination)?
  • If trust-funded, does the contract identify the trustee, financial institution, and applicable trust statute?
  • Is the percentage of funds to be placed in trust (per state law) correctly reflected in the contract?
  • If insurance-funded, is the policy number, insurance company name, and assignment to the funeral home documented?
  • Does the contract disclose the interest/earnings policy (who receives earnings and how they are applied)?

Cancellation, Transfer & Portability Rights

Review consumer rights disclosures for cancellation, refund, and contract transfer provisions.

  • Does the contract clearly disclose the consumer's right to cancel and receive a refund?
  • Is the refund amount and calculation method (including any permissible non-refundable fees) clearly stated?
  • Does the contract specify the consumer's right to transfer the contract to another licensed funeral home?
  • Is the procedure for handling the contract in the event of the funeral home's sale or closure disclosed?
  • Does the contract address what happens to the preneed contract if the purchaser or beneficiary relocates?

Merchandise, Services & Substitution Disclosures

Confirm that casket, urn, merchandise selections and substitution policies are properly documented.

  • Are all selected merchandise items (casket, urn, vault, etc.) described with model, material, and price?
  • Does the contract include a substitution policy if selected merchandise is unavailable at time of need?
  • Does the contract disclose that outer burial containers (vaults/grave liners) may be required by the cemetery?
  • If cremation is selected, does the contract specify the crematory to be used and describe the process?
  • Is the handling of cremated remains (disposition, container, delivery) specified in the contract?

Required Consumer Disclosures & Acknowledgments

Verify all mandatory consumer acknowledgments, required statements, and regulatory disclosures are present.

  • Has the consumer received and acknowledged receipt of the current General Price List?
  • Does the contract include or reference any required state-mandated consumer protection statements?
  • Has the consumer been provided with a copy of the fully executed contract at time of signing?
  • Is the state regulatory agency's contact information (mortuary board/preneed regulator) included in the contract?
  • Has the salesperson who executed this contract provided proof of their state preneed sales license?

Recordkeeping, Filing & Ongoing Compliance

Assess document retention practices, state filing requirements, and ongoing reporting obligations.

  • Is this preneed contract logged in the facility's preneed contract register or tracking system?
  • Has the required preneed contract filing or reporting been submitted to the state regulatory agency?
  • Is the contract stored securely with backup copies in a separate location or cloud system?
  • Are annual trust statements being sent to the purchaser as required by state law?
  • Has this contract been reviewed for compliance with any recent changes to state preneed regulations?
  • Please note any deficiencies identified in this contract review and describe required corrective actions.

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Why Use This Funeral Home Preneed Contract Documentation Review Checklist [FREE PDF]?

This funeral home preneed contract documentation review checklist [free pdf] helps funeral homes teams maintain compliance and operational excellence. Designed for funeral director professionals, this checklist covers 37 critical inspection points across 7 sections. Recommended frequency: per event.

Ensures compliance with FTC Funeral Rule 16 CFR Part 453, 16 CFR 453.2 - General Price List Requirements, 16 CFR 453.4 - Required Purchases & Disclosures, State Mortuary Board Preneed Regulations, NFDA Preneed Consumer Protection Guidelines. Regulatory-aligned for audit readiness and inspection documentation.

Frequently Asked Questions

What does the Funeral Home Preneed Contract Documentation Review Checklist [FREE PDF] cover?

This checklist covers 37 inspection items across 7 sections: Contract Identification & Basic Information, Price Itemization & FTC Funeral Rule Disclosures, Trust Fund & Escrow Account Disclosures, Cancellation, Transfer & Portability Rights, Merchandise, Services & Substitution Disclosures, Required Consumer Disclosures & Acknowledgments, Recordkeeping, Filing & Ongoing Compliance. It is designed for funeral homes operations and compliance.

How often should this checklist be completed?

This checklist should be completed per event. Each completion takes approximately 30-45 minutes.

Who should use this Funeral Home Preneed Contract Documentation Review Checklist [FREE PDF]?

This checklist is designed for Funeral Director professionals in the funeral homes industry. It can be used for self-assessments, team audits, and regulatory compliance documentation.

Can I download this checklist as a PDF?

Yes, this checklist is available as a free PDF download. You can also use it digitally in the POPProbe mobile app for real-time data capture, photo documentation, and automatic reporting.

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