COLORADO · UPDATED OCTOBER 2026
Colorado’s chain-of-custody requirements, the changes that start January 1, 2027, and a free guide and checklist, cited to the statute and rule.
Informational only — not legal advice.
REQUIRED TODAY
These requirements apply to funeral establishments and crematories, and they run through the removal companies and trade services that act on their behalf.
No custody of human remains, whether taken by your own staff or by your contractors or agents, without an attestation of positive identification on the state’s form.
C.R.S. 12-135-113(1); 12-135-308
Remains are transported in a way that is customary within the profession, safe, sanitary and dignified, and never stacked.
C.R.S. 12-135-112(2)(b)
Transport or transfer by common carrier goes to a funeral establishment, funeral director, embalmer, cremationist or natural reductionist within Colorado, unless another exception applies.
C.R.S. 12-135-105(1)(g)
The establishment or crematory identifies and tracks remains from custody until final disposition, return to the person with the right of final disposition, or release to another establishment, crematory or authorized entity.
C.R.S. 12-135-113(2); 12-135-308
No more unembalmed remains in custody than the establishment can refrigerate, unless they are held for less than 24 hours.
C.R.S. 12-135-113(4)
A firm may use its own identification and custody procedures if they meet or exceed the state’s minimum standards.
C.R.S. 12-135-113(3)
A completed custody record for all remains received and released, positive identification of the decedent, and an attestation of release authorization.
4 CCR 742-1 (eff. January 15, 2025)
Routine inspections of all funeral establishments and crematories, at least once a year.
C.R.S. 12-135-401(3)(a)(II)
Funeral home and crematory registrations are now a single funeral establishment (FES) registration. All FES registrations expire November 30, 2026; renewal includes attesting to professional liability insurance of at least $1 million.
C.R.S. 12-135-114
RECENT CHANGES
Colorado’s Mortuary Science Code was rebuilt by SB24-173 and HB24-1335 in 2024 and amended by HB26-1258, signed June 4, 2026. Four changes start on January 1, 2027. None of them creates a new custody rule.
Funeral directors, mortuary science practitioners, embalmers, cremationists and natural reductionists must hold an individual license. A provisional path for experienced practitioners is open now.
C.R.S. Title 12, Art. 135 (SB24-173)
Each funeral establishment’s designee must be licensed as a funeral director or a mortuary science practitioner.
C.R.S. 12-135-110(3) (HB26-1258)
Individuals can apply for an associate license to gain the practice experience needed for full licensure. It expires three years after it is issued.
C.R.S. 12-135-501(7) (HB26-1258)
Offenses on or after January 1, 2027 are a Class 5 felony, up from Class 6. The definition includes transporting or storing a body in a degrading manner, including stacking.
C.R.S. 18-13-101 (HB26-1258)
Colorado’s custody duty sits with funeral establishments and crematories, and it runs through their contractors and agents, so it reaches every business that handles a case.
Funeral establishments
From the positive-ID attestation before custody through final disposition or release.
Crematories
A parallel duty to positively identify and track remains, from receipt through release.
Removal companies and trade services
Work done on an establishment’s behalf is part of its custody record. Embalmers and cremationists need individual licenses from January 1, 2027.
Colorado’s custody duty already applies, and its licensing changes start January 1, 2027. These free resources put the requirements in plain language, so your team knows what’s expected at every handoff and can check your procedures with confidence.
PDF · 13 pages
Every Colorado chain-of-custody requirement, from the positive-ID attestation to final disposition or release, explained in plain language with the citation for each point, plus what changes on January 1, 2027. Use it to train staff, update your procedures and answer questions with the source in hand.
PDF · 2 pages
A quick way to see where you stand. Check what your firm has in place against Colorado’s requirements and the January 1, 2027 changes, with legal requirements and recommended practice clearly separated.
Colorado expects every loved one to be positively identified before custody and tracked until final disposition or release, including when a contractor makes the pickup. MorTrack gives your team one simple way to document that journey as it happens, alongside the forms you already use.
Removal staff and drivers confirm custody from their phone at pickup and drop-off, even without a signal. The record starts when custody does, not hours later.
A unique ID ties every movement, signature, form and personal effect to one case, and funeral homes, crematories, removal companies and trade services each record their part on it.
A live dispatch board shows each loved one’s location, down to the room, shelf and refrigeration unit.
Pull body logs, cremation counts and the full custody chain for any case, whenever you need them.
MorTrack works alongside your case-management system. It helps support compliance readiness; it doesn’t replace Colorado’s required attestation and custody forms or guarantee compliance.
See how positive ID, handoffs and release records work in MorTrack, alongside Colorado’s requirements.
Questions? 720-446-5853
No. The custody duty is already in force: positive identification, a completed custody record and attested release authorization have applied since the rules took effect in January 2025. The January 1 changes cover licensure, designees, the associate license and the abuse-of-a-corpse penalty.
C.R.S. 12-135-113; 4 CCR 742-1
Informational and educational only; reflects MorTrack’s reading of Colorado law (C.R.S. Title 12, Art. 135, as amended by SB24-173, HB24-1335 and HB26-1258; C.R.S. 18-13-101; 4 CCR 742-1) as of October 2026. Not legal advice. Laws, rules and enforcement change. MorTrack makes no warranty that this summary is complete or current, and use of MorTrack does not guarantee compliance with any law or regulation. Confirm requirements with the Colorado Division of Professions and Occupations or qualified legal counsel.
Last verified: October 2026
