Minnesota has very strict requirements for pre-need contracts whether purchased through a funeral home, crematory, cremation society, cemetery, or any funeral provider.

Pre-need Law Highlights

Everything in writing

Your agreement with the funeral establishment must be in writing and include an itemized description of the goods and services selected.

Price Guarantee

Your contract must disclose whether any inflation protection guaranteesare included.

Trusting Requirement

If you pre-pay a funeral provider, 100% of your funds must be placed in trust by the funeral provider, and deposited in a bank, savings and loan associations, or credit union. No finance charges are allowed, and the funds must be held in federally backed instruments. You must also be told where the trust account is located and be given all account identifying information.

If you purchase a pre-need insurance policy, your funds will be held with an insurance company approved and admitted in Minnesota. These funds are not required to be held in trust. The Minnesota Life & Health Guarantee Association, within certain limits and restrictions, protects your funds.

Freedom of Choice/Transferability

You are free to choose any funeral establishment to handle your services. You may change your mind at any time prior to the delivery of services and merchandise. These rights transfer to your next kin unless you choose to specifically limit their rights according to MN Statute 149A.80.

Copies Provided to Next of Kin

Your next of kin must be given copies of all your pre-arrangement paperwork when they meet with a funeral provider after your death.

Excess Benefits

The funeral establishment cannot retain any excess benefits after your death. If you change your mind to choose a less-expensive funeral, or your pre-need funding grows faster that the funeral establishment's costs, your estate, next of kin, or contingent beneficiary is entitled to these funds.

Funeral, Cemetery, and Pre-Arrangement Regulations

MN Chapter 149A regulates all funeral providers, including funeral homes, crematories, and sellers of pre-paid funerals.

MN Chapter 149A.97 regulates pre-arranged funerals.

MN Chapter 72A.325 regulates preneed insurance.

MN Chapter 306 regulates public cemeteries.

MN Chapter 307 regulates private cemeteries.

Please consult your funeral professional or visit an MFDA member firm or a Minnesota Funeral Plan® participant for more information.

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