VA Form 40-4970: Request for Disinterment Guide – If you need to request the disinterment of a loved one’s remains from a VA National Cemetery, VA Form 40-4970 (Request for Disinterment) is the official document required by the National Cemetery Administration (NCA). Disinterments from VA national cemeteries are considered rare and are only approved under specific conditions. This comprehensive guide explains the form, eligibility, process, and requirements for families in the United States.
What Is VA Form 40-4970?
VA Form 40-4970 is the official Request for Disinterment form used to seek authorization to remove remains from a VA National Cemetery for reinterment elsewhere. The form includes sections for the requester’s information, the deceased’s details, reasons for disinterment, and notarized affidavits from all required family members.
The current version of the form (February 2026) supersedes previous editions and has an OMB Control Number 2900-0365 with an expiration date of 05/31/2029. It is available as a free PDF download directly from the VA.
Download VA Form 40-4970 PDF
Download VA Form 40-4970: Request for Disinterment (PDF)
Always use the latest version from the official VA website to ensure compliance.
When Can You Request Disinterment from a VA National Cemetery?
Interments in VA National Cemeteries are considered permanent and final. Disinterment is only permitted for cogent reasons and with proper authorization. Approval typically requires one of the following:
- Written consent from all living immediate family members (including the person who initiated the original interment) via notarized affidavits.
- A court order or directive from a state instrumentality of competent jurisdiction.
Common reasons may include relocation to be with other family members, but each request is reviewed case-by-case by the National Cemetery District Executive Director or Cemetery Director.
Who Is Considered Immediate Family for VA Disinterment?
According to VA regulations, immediate family members include:
- Surviving spouse (whether remarried or not)
- All adult children of the decedent
- Appointed guardians of minor children
- Appointed guardians of the surviving spouse or adult children
- In the absence of a spouse and children: the decedent’s parents
The requester must certify that all relevant parties have been included and provide notarized statements of consent.
Step-by-Step Process to Submit VA Form 40-4970
- Complete Page 1: Provide your relationship to the deceased, the name and rank of the deceased, the name of the National Cemetery, and a full statement of reasons for the disinterment.
- Complete Page 2 (Affidavits): Obtain notarized signatures from all immediate family members and the original interment initiator (if applicable).
- Notarization: All signatures must be sworn before a Notary Public with an official seal.
- Submit the Form: Send the completed, notarized form to the appropriate VA National Cemetery or District Office responsible for the cemetery.
- Review and Decision: The cemetery director will review the request. If approved, the family is responsible for all costs associated with disinterment and reinterment.
Important: The U.S. Government does not pay for disinterment expenses.
Required Supporting Documents and Information
In addition to VA Form 40-4970, you may need to provide:
- Proof of relationship to the deceased
- Death certificate or other identifying documents
- Details of the proposed new burial location
- Any court orders, if applicable
The form itself, when properly completed and notarized, serves as the primary affidavit.
Penalties for False Information
Providing false certification on VA Form 40-4970 can result in penalties, including fines or imprisonment. The VA reviews such cases individually and may refer them to law enforcement.
Frequently Asked Questions About VA Disinterment
How long does the disinterment process take?
Processing times vary by cemetery and case complexity. Contact the specific National Cemetery for timelines.
Can I disinter remains to a private cemetery?
Yes, if all requirements are met and the request is approved. The new location must comply with applicable laws.
What if not all family members agree?
Without unanimous consent from eligible family members, you will generally need a court order to proceed.
Is there a different process for Arlington National Cemetery?
Arlington has its own procedures, though similar principles apply. Contact Arlington National Cemetery directly for their specific requirements.
Contact Information for VA National Cemeteries
For assistance with VA Form 40-4970 or questions about disinterment:
- Visit the official VA National Cemetery Disinterments page
- Call the National Cemetery Scheduling Office at 800-535-1117
- Contact the specific cemetery where the remains are interred
Additional Resources
Learn more about VA burial benefits and national cemeteries through these official sources:
- Official VA Form 40-4970 PDF
- National Cemetery Administration
- 38 CFR Part 38 – National Cemeteries Regulations
This article is for informational purposes only and is not legal advice. Always consult directly with the VA National Cemetery Administration or a qualified attorney for your specific situation. Information is based on current VA guidelines as of 2026.