Preneed Funeral & Burial Contracts – What You Need to Know

There are many good reasons for planning a funeral in advance. The key advantage is that you (or the person you are helping to plan) get to decide the type of funeral rather than leaving it to someone else to make the choices.

Preplanning can help you control funeral costs by allowing you to set a budget and stick to it. You’ll have time to decide what products and services are most important to you and avoid making emotional purchases. For example, the type of casket may not be a big concern for you, so you select a basic model rather than something more ornate. 

Learn More About Funeral Costs

The Basics of Preneed Funeral Contracts

An important aspect of preplanning can be making sure there are funds set aside to cover the cost of your funeral or burial. The question is, what is the best way to do that? There are many popular methods, but one we see a lot about is preneed funeral contracts.

What’s the difference between Preneed and Preplanning?

As you explore your options for planning a funeral, you’ll find a whole new set of terms that apply to your choices. The term preneed, for example,  means a type of arrangement where you pay for funeral products and services in advance. You enter into a preneed contract with a particular funeral provider, such as a funeral home or cremation service. You may pay the provider directly in a one-time payment or under an installment payment plan. Another option is to secure the contract with a preneed insurance policy, a specific type of life insurance. 

When you preplan, you decide the type of funeral or burial you want, what kind of ceremony you prefer, and the products you would like. Your plan can be as simple or as detailed as you like. You leave the instructions with your loved ones, and they take care of the details when the time comes. There is no payment required to preplan. Of course, it is best to have funds set aside for your family to use, but you don’t have to do this through a contract with a funeral provider. You can set aside cash in a funeral trust or payable-on-death bank account. Final expense insurance is another good way to cover your expected funeral costs.

To read more about prepaying for your funeral versus preplanning, see our Preplanning Your Funeral Page.

Preneed funeral contracts appeal to some people because they lock in the price of the funeral products and services they select at current prices. To lock in the price, though, you commit to a contract and fund the contract.

Many people choose to pre-purchase only their cemetery property—a plot or crypt (a preneed burial plan). Others contract in advance for full funeral and burial services along with merchandise. Even though one of the main goals is to control the price of these items, not all contracts provide a price guarantee. You should read the fine print carefully.

Two popular methods of funding preneed funeral contracts are funeral trusts and funeral insurance. By establishing a funeral trust or purchasing funeral insurance, you are placing the funds with a third-party (i.e., a trustee or an insurance company) who will manage the money and use it to pay the designated providers at the time of your funeral.

Preneed funeral contracts can work well for many people.  As with any long-term financial commitment, you should weigh the contract carefully before you sign and do your homework to make sure this tool is right for you.

The Wise Way to Purchase a Preneed Funeral Contract

Before you commit to a preneed contract, you should research the providers that are specified in the arrangement. Among the questions you should ask are:

• How long have they been in business?
• Do they have a sound financial outlook?
• How likely is it that they will still be in business when you need them?
• Do they have a good reputation?
• Is the prepayment refundable if you ultimately decide not to use them?
• How is their Better Business Bureau rating?
• Are there complaints on review sites?

Keep in mind that regulations governing the sale of preneed funeral and burial agreements vary by state, and there can be significant differences in state laws. You should consult with a reputable funeral director or cemetery owner regarding the applicable laws in your state.

Read the fine print!

The most important thing you can do when entering into a preneed funeral contract is to make sure that you understand all the terms before you commit. If you are not comfortable that you understand your obligations, consult with an attorney or financial advisor. Here are some key questions that you should ask before signing the contract:

• Is the contract flexible?
• Can you change the products and services?
• What happens if you move and want the funeral held in another city?
• Can it be transferred to another funeral director?
• What if the merchandise you have selected is no longer available at the time of the funeral?
• Will the products be delivered now or at the time of the funeral?
• If delivered in advance, where will caskets and vaults be stored?
• What happens if the provider sells or goes out of business?
• To what extent is the price guaranteed?
• Can the contract be canceled?

Pros and Cons of Preneed Funeral Contracts

The Pros

There are many good reasons to enter into a prepaid contract for funeral goods and services in advance:

1. If you have already selected a funeral home or cemetery, it may make sense to pay in advance. If, for example, you will be buried where other family members are buried, it may make sense to pre-purchase an adjoining grave or mausoleum space. Buying in advance ensures you get the location you want and locks in the price.
2. Many providers will guarantee to deliver services and merchandise at today’s prices if you enter into a preneed funeral or burial agreement and pay for it in advance.
3. Pre-paying ensures that an amount you consider appropriate will be earmarked for the funeral.
4. Depending on your financial situation, pre-funding can help you manage the value of your assets. For example, funeral insurance is not a personal asset in determining eligibility for assistance from social service programs, such as Medicaid.
5. Most states have laws requiring that providers set aside a certain percentage of prepayments in a trust account. The trusting requirement can vary from 30% to 100%. The provider manages the trust. You should be cautious about making prepayments directly to your provider if the purchased items will not be delivered immediately.

The Cons

On the downside, you assume a degree of risk when entering into a preneed contract.

• You may lose control of some of your assets when entering into a funeral trust. If you need the cash for an emergency, you may not be able to access it.
• The provider you contract with may no longer be in business when you need them. You can minimize the danger of this by making sure your contract allows you to transfer the contract to other providers.
• Preneed funeral contracts may require advance delivery of goods. Larger items, particularly items such as caskets, will need to be warehoused. Over time, they may be subject to deterioration.
• Your needs may change over time. Locking yourself into a contract can make it difficult to adjust your plans for your funeral. Make sure your agreement has a degree of flexibility to help avoid difficulties down the road.
• Market conditions can change over time. New options may become available in the future, which are more economical than what you have selected. This is especially true for items that are becoming easier to purchase online.

Only you can decide if entering into a preneed contract is right for your financial situation. With careful research, you’ll be able to make a wise choice and get the peace of mind that comes from knowing your loved ones will have everything they need to fulfill your final wishes.

What if you need to change your Preneed Contract?

If you have entered into a preneed funeral or burial contract, you need to carefully review the applicable terms.

• Is it flexible?
• Can you change the products and services?
• What happens if you move and want the funeral held in another city?
• Can it be transferred to another funeral director?
• What if the merchandise you have selected is no longer available at the time of the funeral?
• To what extent is the price guaranteed?
• Can the contract be canceled?

Whether you have prepaid or not, the terms of your contract will govern whether you can make changes.  Prefunding with a funeral trust or funeral insurance generally offers greater flexibility to make changes than if you make payments directly to your provider.