In what case can a body be exhumed?
Verified 16 July 2025 - Directorate of Legal and Administrative Information (Prime Minister)
Information for relatives when resuming a burial in common ground
The Constitutional Council censored, in its decision n°2024-1110 of october 31, 2024, certain provisions of Article L2223-4 of the General Code of Local Authorities, since they do not guarantee respect for the will of the deceased.
The redacted provisions will be repealed effective December 31, 2025.
From now on, when the mayor plans to have the remains exhumed following the resumption of a burial in common ground, he must inform by any useful means the relatives who can make known the will of the deceased.
This obligation applies to the mayor until a new law comes into force (or the relevant provisions are repealed).
This sheet will be updated as soon as an amending text is adopted.
Exhumation involves removing a coffin or the remains of the deceased from a pit or vault. It is subject to authorization. It can be requested by the family of the deceased or take place at the initiative of the town hall, the health insurance or the justice. We tell you what you need to know.
Family
You can request an exhumation for transfer the body from a relative to another in a cemetery, or from a cemetery to another cemetery.
Exhumation is also possible to carry out a reduction or reunion of bodies.
It involves collecting the remains in a reduction coffin or a bone box (reliquary) to deposit them in the same burial.
Please note
Removing an urn from a columbarium box or a cinerary concession is also considered an exhumation.
Alone closest relative may request exhumation.
It can also mandate another person, including a funeral home business.
Warning
The owner of the vault can request exhumation only if he is the closest relative of the deceased.
The next of kin of the deceased may be defined as, in order:
- Non-separated spouse (widow/widower)
- Child of the deceased
- Parent of the deceased (father/mother)
- Brother or sister of the deceased.
In case of conflict, it is at court of law to slice.
This is the case, for example, if the disagreement concerns parents of the same degree (children of the deceased, etc.).
The use of a lawyer is mandatory.
Who shall I contact
The court decides on the request for exhumation.
In particular, it examines whether the request is justified by a serious and serious reason, for example the provisional nature of the burial or the respect of the will of the deceased (expressed or presumed).
For any exhumation procedure, you must call upon a business of funeral home.
The exhumation will take place at your expense.
Authorization must be requested from mayor of the commune where the exhumation is to take place.
Who shall I contact
If the mayor has knowledge of a disagreement between relativesHowever, it has to wait for a court to rule.
Who shall I contact
The applicant parent must provide the following documents:
- Proof of identity
- Proof of address
- Proof that he is the deceased's closest relative.
Permission for exhumation may be granted regardless of the date of death and burial.
However, if the deceased had contagious disease at the time of death, you can request exhumation only 1 year after date of death.
FYI
If the coffin is found in good condition, it can be opened only if the deceased has been buried for at least 5 years.
The exhumation is done in the presence of a parent or a person designated by the family (the proxy).
This may be, for example, a funeral home business, an executor or another mandated family member.
Warning
If the parent or the person chosen by the family is not present at the time indicated, the exhumation does not take place.
Town Hall
Exhumation may take place in the following cases:
- Relocation of the communal cemetery
- Take-over of the concession that has expired and not been renewed
- Take-over of concession in state of abandonment.
Please note
The presence of a relative is not mandatory.
Funeral operations are at the expense of the municipality.
The decision of the town hall is communicated by the following means:
- Display of the mayor's decree at the town hall and cemetery
- Mail to known family members of the deceased.
In the absence of a response or a decision by the family, the municipality may choose one of the following options:
- Deposit at the ossuary
- Cremation (unless opposed by the deceased) before deposit at the ossuary or dispersion of the ashes in the garden of remembrance.
Health insurance
In case of doubt on the causal link between a - and one death, the CPAM: titleContent may request an exhumation for autopsy purposes.
It may do so at the request of the victims' beneficiaries, or on its own initiative with their consent.
The request for exhumation shall be addressed to court of law within the jurisdiction of which the
Who shall I contact
Funeral operations are at the expense of the CPAM: titleContent.
Justice
Any investigating or judging court may decide on an exhumation in the following situations:
- At the request of public prosecutor
- At the request of the parties
- Of course.
Funeral operations are the responsibility of the ministry of justice.
Turnaround time of bodies
Exhumation at the request of the primary health insurance fund
Exhumation costs covered by the primary health insurance fund
Exhumation at the request of justice
Coverage of exhumation costs by the courts
Definition of next of kin
Harm and body reduction
Authorization and reduction of body
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Ministry of the Interior