Funeral
A funeral agent is an individual employed by a funeral seller to offer, sell, or solicit the purchase of a prepaid contract on behalf of the seller. These funeral agents sell or solicit services and merchandise supplied by a funeral home/mortuary (licensed as a funeral seller) to a person preparing in advance for their death or that of a loved one. The arrangement of these services and merchandise is done using a prepaid contract, often called the preneed contract. The prepaid contract may cover goods and services performed by a funeral home/mortuary.
The goods and services provided by the funeral home/mortuary (seller) do not include services provided by a cemetery authority for its supplies and equipment for burial. Cemetery services require a cemetery seller's license and can only be sold to a consumer by a licensed cemetery agent. Individuals working on behalf of a cemetery seller offering prepaid contracts for cemetery goods and services must be licensed as cemetery agents.
A funeral agent license is only valid while employed by a funeral seller.
Funeral homes/mortuaries that are licensed as funeral sellers provide, offer or sell any burial merchandise or services under a prepaid contract and have been issued a seller's permit by the Commissioner. It is unlawful for any funeral home/mortuary, or any person on behalf of a funeral home/mortuary, to offer or sell any burial merchandise or services under a prepaid contract unless the funeral home/mortuary has been issued a seller's permit by the Commissioner. Only entities licensed with the Nevada State Funeral Board may become licensed Funeral Sellers.
Funeral Prepaid Contracts
The prepaid contract is any contract under which, for a specified consideration paid in advance in a lump sum or by installments or payable solely from the proceeds of a policy of life insurance, the seller of the contract guarantees or promises, either before or upon the death of a beneficiary named in or otherwise ascertainable from the contract, to provide burial services and to furnish adaptable or suitable personal property, merchandise, supplies or facilities in connection with such services.
The prepaid contract does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization, not having for its object or purpose pecuniary profit, promises or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, for embalming, interring or otherwise disposing of the remains of any person.
1. All forms for a prepaid contract offered or sold in this state must contain:
- The names and addresses of the seller, buyer, beneficiary and trustee and of each performer;
- A clear and unambiguous statement of the services and property to be supplied and by whom;
- The purchase price of each item of supply or service and how payable;
- The date and place of execution;
- Other reasonable and appropriate provisions as prescribed by the Commissioner by regulation;
- The full percentage of the sales commission to be retained by the seller;
- The seller's or his or her agent's signature on the original contract and his or her identification by name and title on any duplicate copy of the contract given to the buyer;
- A provision in 14-point type or larger, stating in substance that the buyer is permitted to return the contract within 10 days after its delivery to the buyer and to have the full purchase price or amount paid thereon refunded if the buyer is not satisfied with it for any reason;
- In print on its face sheet, in 14-point type or larger, a notice stating, "This is not an insurance contract."; and
- A provision for the return of the net purchase price at any time before the services are performed by the seller.
2. The written contract, when signed, constitutes the entire agreement between the parties relative to its subject matter.
3. If the buyer, pursuant to the provision required by paragraph (h) of subsection 1, returns the contract to the seller at the branch or home office of the seller or to the agent through whom it was purchased, the contract is void from the beginning and the parties return to the same position they occupied before the contract was entered into.
The goods and services provided by the funeral home/mortuary (seller) do not include services provided by a cemetery authority for its supplies and equipment for burial. Cemetery services require a cemetery seller's license and can only be sold to a consumer by a licensed cemetery agent. Individuals working on behalf of a cemetery offering prepaid contracts for cemetery goods and services must be licensed as cemetery agents.
Requirements:
A Funeral Agent must be the employee of a licensed Funeral Seller. The license is only valid while employed by a Funeral Seller. See the homepage for funeral agents for more details.
Funeral Sellers must also be licensed with the Nevada State Board of Funeral & Cemetery Services. See the homepage for funeral sellers for more details.
Resources:
Nevada State Board of Funeral & Cemetery Services
https://funeral.nv.gov/
Contract Approval
FuneralAndBurial@doi.nv.gov
Examinations
Financial.Regulation@doi.nv.gov
SERFF: The Systems for Electronic Rates & Forms Filings
https://www.serff.com/
NRS 689 Funeral and Burial Services
https://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-689.html
Bulletins
https://doi.nv.gov/News-Notices/Bulletins/
Questions:
Please contact the Division at Nevada.licensing@doi.nv.gov or call 775-687-0700 option 2, then option 2 again.