In this section you will find frequently asked questions in a counseling session.
Q: A death has occured. Who has to take care of the funeral and pay for it?
A: The obligations of funeral organisation are regulated by the funeral law
of the federal state. In Saxony this means:
1. the spouse or civil partner according to the law on registered life
partnerships (Civil Partnership Act - LPartG) of February 16, 2001 (Federal Law
Gazette I p. 266), last amended by Article 2 of the law of December 21, 2007
(Federal Law Gazette I p . 3189, 3191), as amended,
2. the children,
3. the parents,
4. the siblings,
5. the partner of a long-term non-marital partnership according to § 7
paragraph 3 number 3 in connection with paragraph 3a of the second book of the
Social Code (SGB II) - basic security for job seekers - (Article 1 of the law
of December 24, 2003, BGBl . I p. 2954, 2955), which was last amended by
Articles 8 and 9 of the law of March 2, 2009 (Federal Law Gazette I p. 416,
429, 430), in the currently valid version,
6. the other legal guardian,
7. the grandparents,
8. the grandchildren,
9. other relatives up to the 3rd degree.
Where responsibility lies with a couple (numbers 3 and 7) or multiple persons (numbers 2, 4, 8 and 9), the older
person shall prevail over the younger in responsibility unless those
responsible have mutually agreed on a different solution.
(2) If an undertaker or a third party has assumed obligations under this
Act by contract with the deceased during his lifetime, the undertaker or third
party shall be deemed responsible with regard to these obligations.
(3) If a person responsible for the burial within the meaning of
subsections 1 and 2 is not available or cannot be identified in good time, or
if he does not fulfill their duty and no one else arranges the burial, the
local police authority responsible for the place of death shall arrange for the
burial at the expense of the person responsible for the burial .
Notwithstanding paragraph 1 sentence 3, a couple or a majority of persons from
the local police authority are jointly and severally liable for the funeral
costs. These are determined by a performance notice. Objections and actions for
rescission have no suspensive effect.
For the undertaker, the cost bearer of the funeral is always the client,
regardless of their own financial situation or that of the legally obligated
party! Anyone who registers the burial with the undertaker will receive the
invoice for payment, apart from mutually agreed exceptions. The costs of the
burial are so-called "estate liabilities", which are borne by the
heir. The client responsible for the funeral can therefore, if he is not the party
obligated with the funeral himself, have the costs reimbursed from said
obligated party.
Q: We received a bill from the doctor for the post-mortem examination.
Isn't that a health insurance benefit?
A: The settlement of bills from post-mortem examinations or the use of
air-conditioned rooms in hospitals or similar facilities is not subject to the
range of services provided by health insurance companies.
What the doctor is allowed to bill is subject to the GOÄ (doctor's fee
schedule). The calculation basis can be found here:
Proper accounting of postmortem examinations
Other laws apply to the fees charged by
hospitals or other institutions, the GOÄ is not the basis here.
Q: Can the funeral director help me claim the death benefit?
A: The death benefit was abolished nationwide on January 1, 2004, so the
health insurance companies no longer pay out subsidies for burials.
Q: We would like to have a cremation done and then take the urn home. Is this
possible?
A: According to German burial law, a cemetery is still compulsory, so the
urn must be buried in an area marked as a cemetery or burial ground. The
transfer of ashes into private hands is prohibited by law.
Q: We have a death at home. But the undertaker shouldn't come over yet, we
want to say goodbye at home. Can the dead person stay in the apartment?
A: Yes, the body can be laid out in the home environment for up to 24
hours, after which the undertaker must pick up the deceased. It is advisable to
keep the room cool (switch off the heating) and ventilate it (open windows).
If it is not possible to say goodbye at home, we can also arrange for a
later farewell in the coffin in the rooms provided for this purpose. Laying out
is generally possible within 8 working days after death (Saturdays, Sundays and
public holidays excluded), after which burial or cremation must take place
according to the Funeral Law in Saxony.