TN FUNERAL LAW EXAM /
TENNESSEE FUNERAL LAWS
RULES AND REGULATIONS
QUESTIONS AND ANSWERS
(LATEST)
How long does the preneed funeral contract purchaser have to
submit the prearrangement insurance policy/ certificate to the
insurance company by the preneed sales agent?
15 calendar days
Who pays the funeral establishment or other provider that
furnished the services or merchandise upon death of the contract
beneficiary?
The trustee or insurance company
What must be given to the trustee or insurance company before
they pay?
A death certificate or proof of death acceptable
Copy of the statement of funeral merchandise and services signed by
the funeral director or other provider and representative of the
contract beneficiary
Stating that all of the terms and conditions of the preneed funeral
contract have been fully performed
What happens after payment for the merchandise and services as
set forth in the preneed funeral contract
,The trustee or insurance company shall pay any balance remaining in
the preneed funeral trust
How long must a preneed seller keep records?
5 years after the death of the preneed contract beneficiary
What records must a preneed seller keep?
Accurate accounts, books, and records in this state of all preneed
funeral contract and prearrangement insurance policy transactions
Copies of all agreements
Insurance policies
Instruments of assignment
Dates and amounts of payments made and accepted thereon
Names and addresses of the preneed funeral contract purchasers,
beneficiaries
Names and trustees holding preneed funeral trust funds
Copies of the trustees regular valuations of assets
When can the commissioner investigate or examine the affairs of
any preneed seller/ agent?
Whenever it is deemed appropriate to do so
When does the commissioner require an examination to ensure
that each person, firm, or corporation promising to pay or
arrange for funeral services will be able to perform its contract
with the purchaser?
Annually
Can a preneed seller registration be transferred to a new owner?
Yes, upon submission of an audit report prepared and signed by an
independent certified public accountant licensed in the state
Are all the fees and expenses in connection with the audit the
responsibility of the trustee or trust?
, No
What is included in the audit report?
Unqualified opinion on the accuracy of the trust fund balances
Report if compliance of the transfer
Who collects a fee for the registration of any person, association,
partnership, firm or corporation engaged in selling any
agreement, contract or plan?
The commissioner
Why can the commissioner deny an application for a registration,
suspend, revoke, or refuse to issue any registration?
Violated any rule promulgated
Practiced fraud, deceit or misrepresentation
Knowingly and willfully made a material misstatement in connection
with an application for registration
Been convicted by a court of competent jurisdiction of any felony, if
the commissioner finds that the conviction reflects unfavorably on the
fitness for the registration
Engaged in dishonorable, unethical, or unprofessional conduct of a
character likely to defraud, deceive or harm the public
Violated any disciplinary order of the commissioner
Failed or refused to cooperate with any audit, inspection, or
investigation to determine compliance with rules and regulations
How long is it until you must refrigerate an unembalmed body?
8 hours
Can you commingle cremated remains that are unclaimed?
Only if it is under the decedents instructions
How long does someone have to pickup cremated remains?
180 calendar days from the date of cremation
TENNESSEE FUNERAL LAWS
RULES AND REGULATIONS
QUESTIONS AND ANSWERS
(LATEST)
How long does the preneed funeral contract purchaser have to
submit the prearrangement insurance policy/ certificate to the
insurance company by the preneed sales agent?
15 calendar days
Who pays the funeral establishment or other provider that
furnished the services or merchandise upon death of the contract
beneficiary?
The trustee or insurance company
What must be given to the trustee or insurance company before
they pay?
A death certificate or proof of death acceptable
Copy of the statement of funeral merchandise and services signed by
the funeral director or other provider and representative of the
contract beneficiary
Stating that all of the terms and conditions of the preneed funeral
contract have been fully performed
What happens after payment for the merchandise and services as
set forth in the preneed funeral contract
,The trustee or insurance company shall pay any balance remaining in
the preneed funeral trust
How long must a preneed seller keep records?
5 years after the death of the preneed contract beneficiary
What records must a preneed seller keep?
Accurate accounts, books, and records in this state of all preneed
funeral contract and prearrangement insurance policy transactions
Copies of all agreements
Insurance policies
Instruments of assignment
Dates and amounts of payments made and accepted thereon
Names and addresses of the preneed funeral contract purchasers,
beneficiaries
Names and trustees holding preneed funeral trust funds
Copies of the trustees regular valuations of assets
When can the commissioner investigate or examine the affairs of
any preneed seller/ agent?
Whenever it is deemed appropriate to do so
When does the commissioner require an examination to ensure
that each person, firm, or corporation promising to pay or
arrange for funeral services will be able to perform its contract
with the purchaser?
Annually
Can a preneed seller registration be transferred to a new owner?
Yes, upon submission of an audit report prepared and signed by an
independent certified public accountant licensed in the state
Are all the fees and expenses in connection with the audit the
responsibility of the trustee or trust?
, No
What is included in the audit report?
Unqualified opinion on the accuracy of the trust fund balances
Report if compliance of the transfer
Who collects a fee for the registration of any person, association,
partnership, firm or corporation engaged in selling any
agreement, contract or plan?
The commissioner
Why can the commissioner deny an application for a registration,
suspend, revoke, or refuse to issue any registration?
Violated any rule promulgated
Practiced fraud, deceit or misrepresentation
Knowingly and willfully made a material misstatement in connection
with an application for registration
Been convicted by a court of competent jurisdiction of any felony, if
the commissioner finds that the conviction reflects unfavorably on the
fitness for the registration
Engaged in dishonorable, unethical, or unprofessional conduct of a
character likely to defraud, deceive or harm the public
Violated any disciplinary order of the commissioner
Failed or refused to cooperate with any audit, inspection, or
investigation to determine compliance with rules and regulations
How long is it until you must refrigerate an unembalmed body?
8 hours
Can you commingle cremated remains that are unclaimed?
Only if it is under the decedents instructions
How long does someone have to pickup cremated remains?
180 calendar days from the date of cremation
