Funeral home broker in Arizona: selling or buying a funeral home in Arizona
By Jason Taken, Business Advisor, HedgeStone Business Advisors · Last reviewed · 7 min read
Yes. Arizona lets companies and investors own funeral homes, but its Department of Health Services treats any transfer of 10% or more of the owning entity as a change of ownership. The buyer files a new license application within 20 days and must apply within three business days to get the 45-day interim permit that keeps the doors legally open.
Key takeaways
- The Arizona Department of Health Services took over funeral licensing from the State Board of Funeral Directors and Embalmers in June 2023.
- Selling 10% or more of the company that holds the license is a change of ownership, so stock and membership-interest deals relicense too.
- An Arizona funeral home may keep an initial service fee of up to 15% of a trust-funded preneed contract; the rest is deposited within five business days.
- SCI listed 39 Arizona funeral locations at the end of 2025, and Foundation Partners Group operates Arizona firms under its Altogether Funeral brand.
Two Arizona rules catch sellers off guard. Selling as little as a tenth of the company that owns a funeral home is treated as a change of ownership. And once the deal closes, the buyer has three business days to apply for the interim permit that lets it keep serving families while its full license is reviewed.
Both rules sit in Title 32, Chapter 12 of the Arizona Revised Statutes, which a different agency now enforces than the one most owners grew up with. What follows is a planning map built from the statutes as of November 2026, not legal advice.
Who regulates Arizona funeral homes after the 2023 change?
The Arizona Department of Health Services (ADHS). Its July 2023 announcement says the State Board of Funeral Directors and Embalmers joined the agency that June, and that ADHS oversees roughly 1,800 funeral industry licenses. A seven-member advisory committee assists the department.
Individual licenses are not transferable. Arizona issues separate funeral director and embalmer licenses, a cremationist license, and an alkaline hydrolysis operator license. That last one is a reminder that water cremation is a licensed practice here; our guide to water cremation and human composting covers what it may mean for value.
Every establishment needs a chapel area, a display area (photos or screens are allowed), access to hearses, and a preparation room only if it embalms on site. It must also designate a responsible funeral director to manage daily operations, plus an interim responsible funeral director.
Does selling a minority stake count as a change of ownership?
It does at 10% or more. A.R.S. § 32-1301 defines a change of ownership as a transfer of a controlling interest by sale or merger and adds that, for a business-entity licensee, “any transfer of 10% or more” qualifies.
So a stock sale, a membership-interest sale, or a recapitalization that moves 10% of the equity relicenses the business just as an asset sale would. That removes one of the usual reasons to prefer a stock deal; see our comparison of asset sales and stock sales for the tax and liability side.
We found no rule requiring owners to hold a funeral license. Entity applicants file their organizational documents, and every proprietor, partner, officer, and director submits fingerprints for a background check. ADHS rules could not be read during our research, so confirm with ADHS whether any added owner standards apply. Start the fingerprint packets early.
What deadlines start running on closing day?
Several, and the shortest is three business days. Under A.R.S. § 32-1388, the license “is not transferable or subject to sale or assignment,” so the buyer must file and the seller must surrender on fixed clocks.
| Clock | What must happen | Statute |
|---|---|---|
| 3 business days | New owner notifies ADHS and applies, which qualifies it for an interim permit | A.R.S. § 32-1388 |
| 45 days, plus one 45-day extension | Interim permit term while the full application is reviewed | A.R.S. § 32-1388 |
| 20 days | Seller notifies ADHS and surrenders the license; new owner files an initial application | A.R.S. § 32-1388 |
| Same clocks | Crematory license change of ownership | A.R.S. § 32-1397 |
| 5 business days from each payment | Preneed money deposited in the trust account | A.R.S. § 32-1391.05 |
A multi-location buyer has one more item. One director can run several establishments only under a multiple funeral director license, which ADHS grants when it is “reasonable to believe” the locations can be adequately supervised. Our guide to staffing the director role at closing covers the people side.
How is Arizona preneed money held, and what does a buyer take on?
In trust or insurance, with the seller having already kept its fee. Trust deposits go to an Arizona financial institution within five business days and are limited to federally insured accounts or direct U.S. obligations maturing in three years or less. Fixed-price agreements follow a prudent-investor standard on a slightly longer deposit clock.
A.R.S. § 32-1391.06 lets the establishment keep an initial service fee of up to 15% of the contract price, so at least 85% is trusted. It may also take an annual fee of up to 10% of the prior year’s interest. Contracts are revocable: the remaining trust funds go back within five business days of a written request, and a purchaser who cancels within three business days of signing also recovers the full service fee.
Trust-funded sellers need a prearranged funeral sales endorsement, a surety bond of $15,000 to $50,000, and registered salespeople. The Department of Insurance and Financial Institutions examines trusts within the first 12 months, then at least every three years. Insurance-funded agreements must be sold through licensed insurance producers.
Those filings give buyers a ready-made diligence trail. Expect a serious buyer to request the last several DIFI examination reports and each May 1 annual report, which the owners swear to and ADHS shares with DIFI. A seller who assembles them before marketing, with any exam findings already resolved, removes a common reason for a price holdback.
On a sale, we found no statute that assigns contracts or trusts to a buyer. The account may be moved to another bank after each participant is notified. Whether the endorsement and bond carry over is unresolved, so ask ADHS before closing. Medicaid treatment was not verified either. Reconcile the book with The Preneed Reconciliation Ladder, remembering the delivery money is the 85% plus earnings.
What if the sale includes a crematory or a cemetery?
Each adds a license and possibly a second agency. A crematory needs its own ADHS license and a licensed responsible cremationist, unless it operates under a cemetery’s certificate of authority from the Department of Real Estate. We found no rule that a funeral home must own the crematory.
Cremation requires the authorizing agent’s prior written consent, and cremating before the county medical examiner certifies is prohibited. We did not find a minimum waiting period in the statutes, and we could not read the air-quality agency’s crematory page, so confirm both with ADHS, ADEQ, and the county air program in Maricopa, Pima, or Pinal.
Cemeteries answer to the Department of Real Estate. When control changes, the filing includes a CPA statement that every required trust deposit was made. Endowment care uses a fixed schedule, such as $2.75 per square foot of each grave, rather than a percentage.
Who is buying funeral homes in Arizona?
SCI leads the verified list. SCI’s FY2025 Form 10-K shows 39 Arizona funeral service locations and 13 cemeteries. Foundation Partners Group’s Altogether Funeral locations include Adair Funeral Home in Tucson and A Legacy Funeral Home in Chandler. Carriage Services reported no Arizona properties.
Arizona’s exact cremation rate is not public; CANA reserves it for its member report. How national groups pick markets is covered in our explainer on consolidators and private equity. Neighboring rules differ, as our New Mexico page shows, and the funeral home M&A market hub gives the national picture.
Which Arizona rules belong in the deal file?
The rows below, each tied to its statute, are the ones buyer’s counsel will check first.
| Topic | What the rule says | Primary source |
|---|---|---|
| Regulator | The Department of Health Services licenses funeral establishments, crematories and individual licensees; the former State Board of Funeral Directors and Embalmers joined ADHS in June 2023. | ADHS Director's blog (July 21, 2023) |
| Establishment license | Required to operate. Chapel and display areas, hearse access, a preparation room only if embalming on-site, and a designated responsible funeral director plus an interim one. | A.R.S. § 32-1382 |
| Change of ownership | License is not transferable. Seller surrenders it and the buyer files an initial application within 20 days; any transfer of 10% or more of an owning entity counts. | A.R.S. §§ 32-1388, 32-1301(12) |
| Interim permit | Available if the new owner notifies ADHS and applies within 3 business days after the change; lasts up to 45 days, extendable once by 45 days for good cause. | A.R.S. § 32-1388 |
| Preneed trusting | Deposit within 5 business days at an Arizona financial institution. The establishment may keep an initial service fee of up to 15%, so at least 85% is trusted. | A.R.S. §§ 32-1391.05, 32-1391.06 |
| Preneed sales endorsement | Trust-funded sales need an ADHS endorsement, a $15,000–$50,000 surety bond and disclosure of 10% owners. DIFI examines trusts at least every 3 years. | A.R.S. §§ 32-1391.12, 32-1391.03 |
| Crematory | Separate ADHS crematory license with a licensed responsible cremationist, unless it runs under a Department of Real Estate cemetery certificate. Same ownership-change clocks. | A.R.S. §§ 32-1393, 32-1397 |
| Cremation authorization | Prior written consent of the authorizing agent in statutory priority order; an agent who does not act within 15 days is presumed not reasonably available. | A.R.S. § 32-1365.02 |
| Cemetery endowment care | Department of Real Estate certificate of authority. Per-sale deposits of $2.75 per sq. ft. per grave, $36 per niche, $120 per crypt; CPA trust statement when control transfers. | A.R.S. §§ 32-2194.28, 32-2194.01 |
Frequently asked questions
Do I still deal with the Arizona funeral board when I sell?
Not as a separate agency. The board moved into the Department of Health Services in June 2023, and ADHS now issues establishment, crematory, and individual licenses. The old board's web address still loads, so make sure every form and license lookup you rely on comes from the ADHS site instead.
If I sell only a minority stake in my Arizona funeral home, does the buyer need a new license?
If the stake is 10% or more of the company that holds the license, yes. Arizona counts that as a change of ownership, which means a new establishment application and, if you own a retort, a new crematory application. Smaller transfers may fall outside the definition, but confirm that with ADHS first.
What happens if the buyer misses the three-day interim permit window?
The interim permit is the mechanism that lets a new owner keep serving families while ADHS reviews the full application. Without it, the buyer risks operating an establishment without a license or permit. That is why we put the interim filing on the closing checklist with a named person responsible for submitting it.
Can a funeral home that is not licensed for preneed buy one that is?
It can buy the business, but the preneed sales endorsement is tied to the establishment license, which changes on a sale. Ask ADHS whether the buyer needs a fresh endorsement and surety bond before it sells new contracts, and keep honoring existing ones with the trust money already on deposit.
Is Arizona a strong market for selling a funeral home?
Buyer depth looks solid. SCI has dozens of Arizona locations, Foundation Partners Group runs several firms in the Tucson and Phoenix areas, and we found no Arizona rule requiring owners to hold a funeral license. Your own call volume, margins, and preneed funding still decide where your offer lands.
Sources cited
- Funeral industry licensing and regulation now falls under ADHS — Arizona Department of Health Services
- A.R.S. § 32-1301, Definitions — Arizona State Legislature
- A.R.S. § 32-1388, Change of ownership; interim permit — Arizona State Legislature
- A.R.S. § 32-1391.06, Prearranged funeral trust service fees — Arizona State Legislature
- Service Corporation International FY2025 Form 10-K — U.S. Securities and Exchange Commission (EDGAR)
- Altogether Funeral location search — Foundation Partners Group