Are Tennessee counties or cities required to pay for the burial or cremation of indigent residents?

Plain-English summary

Rep. Mike Stewart asked whether Tennessee local governments must arrange for indigent residents' burial or cremation. AG Slatery's answer: only when an unclaimed body is in the hands of a coroner or medical examiner.

Two statutes set the boundary. Section 5-9-101(4) authorizes county legislative bodies to appropriate money for burial or cremation of any poor person who dies in the county and leaves no means to pay. The verb is "may," not "shall." Counties have discretion, not duty. Tenn. Att'y Gen. Op. 10-03 (2010) made the same observation about volunteer fire department contributions: § 5-9-101 lets counties contribute, but does not require them to provide the service.

Section 38-5-118 is different. When a coroner or medical examiner has a body and cannot deliver it to relatives, the official "shall cause the deceased to be decently buried or cremated" under Tennessee's cremation laws. Expenses come first from any property found with the body, then from the county treasury if none. That is the only mandatory financial obligation Tennessee imposes on counties for end-of-life expenses. AG Op. 84-123 (1984) had recognized the same rule.

Cities have no parallel duty. The statutes addressed in this opinion are county-level provisions.

Currency note

This opinion was issued in 2018. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Can a county pay for an indigent's funeral if it chooses to?
A: Yes. Section 5-9-101(4) authorizes the appropriation. The decision rests with the county legislative body.

Q: When is a county required to pay for a burial or cremation?
A: When a coroner or medical examiner has a body, cannot deliver it to relatives, and there is no property found with the body to cover expenses. Section 38-5-118 then requires the county treasury to pay.

Q: What does "unclaimed" mean for purposes of § 38-5-118?
A: The opinion does not parse the term in detail. Section 38-5-118 contemplates a coroner or medical examiner unable to deliver the body to relatives. Local practice and the medical examiner's procedures determine whether reasonable efforts to identify and contact relatives have been exhausted.

Q: Are cities required to participate?
A: No. The statutes are county-level. A city may choose to fund pauper burials as a matter of local policy, but no state law of general applicability requires it.

Q: What if the deceased had property but not enough to cover the funeral?
A: Section 38-5-118 says expenses are paid from "the property found with the body, or, if there is none, from the county treasury." The opinion quotes that order (property first, then the county treasury when there is none) but does not parse how partial coverage works.

Background and statutory framework

Tennessee local-government law follows the Dillon rule: counties and cities exercise only powers granted by the General Assembly. Section 5-9-101 is one of those grants, listing categories for which county legislative bodies may appropriate money. Subsection (4) covers pauper burials/cremations. The grant is permissive across the chapter; counties decide whether to fund.

Section 38-5-118 imposes a different kind of duty: it directs the coroner or medical examiner to take action when a body is unclaimed. The funding follow-on (property first, then county treasury) makes the county the financial backstop. The duty is operational and narrow. There is no broader mandate on the county to underwrite indigent funerals as a class.

The opinion is short because the statutory landscape is short. The two statutes cited define the entire scope of mandatory and permissive county responsibility.

Citations

• Tenn. Code Ann. § 5-9-101(4)
• Tenn. Code Ann. § 38-5-118
• Tenn. Att'y Gen. Op. 10-03 (Jan. 19, 2010)
• Tenn. Att'y Gen. Op. 84-123 (Apr. 11, 1984)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2018/op18-13.pdf

Original opinion text

Responsibility of Local Governments to Provide for Paupers' Funeral Expenses

Question
Are local governments required to arrange for a pauper's burial or cremation?

Opinion
State law requires only that each county cover the expenses, when necessary, for the burial or cremation of unclaimed bodies by the coroner or medical examiner.

ANALYSIS

No state law or constitutional provision requires a local government to provide a burial, cremation, or other funeral services for indigent individuals. County legislative bodies are authorized to appropriate money "[f]or the burial or cremation expenses of any poor person dying in the county, leaving no means to pay for the same." Tenn. Code Ann. § 5-9-101(4). But they are not required to do so. See Op. Tenn. Att'y Gen. 10-03 (Jan. 19, 2010) (noting that counties are authorized by § 5-9-101 to contribute county funds to volunteer fire departments but are not required to provide fire service).

State law does impose certain requirements with respect to unclaimed bodies, however. A coroner or medical examiner who is unable to deliver the body of the deceased to relatives "shall cause the deceased to be decently buried or cremated" in accordance with applicable laws governing cremation. Tenn. Code Ann. § 38-5-118; see also Op. Tenn. Att'y Gen. 84-123 (April 11, 1984) (recognizing this requirement). When a coroner or medical examiner provides for the burial or cremation of an unclaimed body, those expenses must be paid "from the property found with the body, or, if there is none, from the county treasury." Tenn. Code Ann. § 38-5-118.

No other state laws of general applicability impose requirements on counties or local governments related to the burial, cremation, or funeral expenses of the indigent.

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

JONATHAN DAVID SHAUB
Assistant Solicitor General

Requested by:
The Honorable Mike Stewart
State Representative
662 Cordell Hull Building
Nashville, TN 37243