Funeral realization
Source: BUS Rheinland-PfalzEvery corpse must be buried. Any person who finds a corpse or in whose presence a person dies must immediately inform the relatives or the police.
Any doctor in private practice who can be contacted is obliged to carry out the post-mortem examination without delay and to issue and hand over the death certificate. The same applies to doctors in hospitals and similar institutions for the deceased there. The person responsible must arrange the post-mortem examination without delay. Burial is generally possible at the earliest 48 hours after death. Corpses must be buried or cremated within 10 days of death. They can be buried in the ground or cremated. A burial permit is required for burial in Rhineland-Palatinate, which is issued by the local regulatory authority of the place of burial for burials in Rhineland-Palatinate. In addition, a grave application must generally be submitted to the cemetery administration if the grave is to be provided with a grave monument or other structural installation.
The obligations under the Burial Act must be fulfilled by the heir. If the heir cannot be identified in time or cannot be contacted in time for other reasons, the following persons are responsible in this order, provided they have full legal capacity:
- the spouse or civil partner,
- the children
- the parents,
- the other legal guardian,
- the siblings,
- the grandparents,
- the grandchildren.
Funeral costs
The necessary costs of a funeral are covered in accordance with § 74 of the German Social Security Code (SGB) XII, insofar as the obligated parties cannot reasonably be expected to bear the costs.
The social welfare agency responsible for processing the application is the one that provided social welfare benefits (SGB XII) for the deceased until death. In other cases, it is the social welfare provider responsible for the place of death (not the place of residence).
A benefit for a simple and dignified funeral can only be considered if
- the applicant is obliged to bear the funeral costs,
- the obligated person cannot be expected to bear the costs from his/her income and assets,
- the deceased has not left a (sufficient) estate and
- the costs of the funeral are reasonable in terms of social welfare law.
Obligated parties in terms of social welfare are, for example, the deceased's heirs and, subordinately, in accordance with civil maintenance law, in particular spouses or life partners and relatives in the direct line (parents, children).
- Provision and maintenance of cemeteries and graves
- Provision of burial facilities
- Preparation, execution and handling of funerals
- Preservation of artistically or historically valuable graves and monuments in the cemeteries
- Performing tasks in accordance with the law on the preservation of the graves of victims of war and tyranny
- Maintenance of the Jewish cemeteries
- Planning, construction, maintenance, conversion, expansion and modernization as well as ongoing maintenance of cemeteries