Funeral Delayed by the Coroner: How Long and What Are Your Rights?

When a death is referred to the coroner, families face an agonising wait. Funeral plans cannot proceed until the body is released, and the uncertainty about timescales compounds the grief of bereavement. Understanding the coroner's legal duties, what you can request, and when a delay becomes unreasonable can help families navigate this difficult period with more confidence.

Typical timescales: what to expect

The coroner's involvement begins when a death is referred to them — by a doctor, the registrar, the police, or another authority. Once the coroner takes jurisdiction, the body cannot be released without their authority.

The typical sequence of events and associated timescales:

• Initial review (24-48 hours): The coroner reviews the circumstances of death and decides whether a post-mortem is necessary
• Post-mortem examination (within days): If ordered, the post-mortem usually takes place within a few days of referral; the results may take a further few days to confirm
• Body released after post-mortem (1-2 weeks total):If the post-mortem reveals a natural cause of death and no further investigation is required, the body is released; the coroner issues a form allowing registration and burial or cremation
• Cases proceeding to inquest: The body is usually released even if an inquest is to follow — the inquest examines the circumstances of death but does not require physical retention of the body in most cases
• Inquest timescales: Simple inquests may conclude within a few months; complex cases involving multiple agencies, expert witnesses, or criminal proceedings can take one to three years or longer

The coroner's legal duty to release the body

The Coroners and Justice Act 2009 imposes a clear duty on coroners: the body of a deceased person must be released 'as soon as reasonably practicable' once the coroner is satisfied that the body is no longer needed for the purposes of the investigation.

This duty applies even when an inquest has not yet concluded. In most cases, the body can and should be released after the initial post-mortem examination, with the inquest proceeding on the basis of witness evidence, documents, and reports rather than any further examination of the body.

The Coroners (Investigations) Regulations 2013 provide further procedural requirements. Families have a right to be kept informed of the progress of the investigation and to receive updates from the coroner's office.

The interim death certificate: starting financial administration

One of the most pressing concerns for families while the body is retained is the inability to begin financial administration — closing bank accounts, claiming on life insurance, dealing with the estate. Most of these tasks require a death certificate.

Once a death has been formally investigated by the coroner, the coroner's office can issue an interim death certificate(sometimes called a coroner's certificate or interim certificate for registration of death). This document:

• Confirms that the death is under investigation by the coroner
• Is accepted by most banks, financial institutions, and insurers as evidence of death for the purpose of beginning administration
• Allows the executor or administrator to begin the process of obtaining probate or letters of administration
• Does not replace the final death certificate, which is issued once the inquest concludes or the coroner's investigation is complete

To obtain an interim certificate, contact the coroner's office directly. There is no fee for the interim certificate itself, though certified copies may be charged for.

Requesting the body be released for burial before the inquest

In some circumstances, families may wish to bury (rather than cremate) the deceased while an inquest is pending. This may be for religious or cultural reasons, or simply because of the length of time the inquest process is expected to take.

Burial before the inquest is possible with the coroner's consent. The coroner will consider:

• Whether the post-mortem has been completed and the body is no longer needed for forensic examination
• Whether any other interested party (such as the police or an insurer) would object to release
• Whether burial (as opposed to cremation) is requested — burial preserves the body if it is ever needed for exhumation, which is why it is treated differently from cremation in this context

Cremation before the inquest concludes is also possible, but requires the coroner's explicit authority via a specific cremation order. Once cremated, the body cannot be examined again, so the coroner will only grant this where they are satisfied it will not prejudice the investigation.

Make the request to the coroner's office in writing, setting out the reasons — religious or cultural grounds are commonly given.

What to do if the delay becomes unreasonable

If you believe the coroner is not complying with their duty to release the body as soon as reasonably practicable, the steps to take are:

• Contact the coroner's office directly: Put your concerns in writing and ask for a written explanation of why the body has not been released and what the expected timescale is
• Contact the Chief Coroner's Office: The Chief Coroner oversees the coronial system in England and Wales and can be contacted if you believe a local coroner is acting improperly or unreasonably — the office is at the Royal Courts of Justice
• Local government ombudsman: The Coroner's Court Support Service (CCSS) can provide support and signpost families to the appropriate complaint route
• Judicial Review: In exceptional cases where all other routes have failed and the delay is causing serious injustice, a Judicial Review of the coroner's decision can be sought in the High Court — this requires legal advice and representation