The request
A TO line, the relationship of the deceased, the name and rank of the deceased and the name of the national cemetery, with a statement that the expenses of the disinterment cannot be borne by the Government.
VA40-4970
Request for Disinterment
- Agency
- VA
- Revision
- February 2026
- Fillable fields
- 63
- Pages
- 2
- Official source
- VA form page
- Checked
- October 20, 2026
VA Form VA40-4970: Request for Disinterment
VA Form VA40-4970 is the U.S. Department of Veterans Affairs Request for Disinterment. The person filing it requests authority for the disinterment of the remains of a relative from a named national cemetery and gives the reason. The form's Privacy Act notice says the information is required to authorize disinterment of remains from a national cemetery under Chapter 24, Title 38, United States Code, and that the disinterment will not be permitted unless the data or a court order is submitted.
The request states that the expenses of the disinterment cannot be borne by the Government. The PDF is two pages: page 1 is the request, signed and sworn before a notary public, and page 2 is the Disinterment Affidavit for the individual who initiated the interment and all living immediate family members. You can fill out the PDF free in your browser on this page and download the result without an account.
What's on VA Form VA40-4970
The reason
Space to write the reason the disinterment is requested.
Family certification
The requester certifies that the people shown on page 2 are the individual who initiated the interment and all living immediate family members of the deceased, as the form defines them.
Signature, notary and penalty
The requester's signature with the day, month and year, the notary public's attestation, seal and commission date, and a penalty notice for a false certification.
Page 2: Disinterment Affidavit
Signers agree to the disinterment of the named deceased from the named national cemetery, each giving a signature in ink, relationship to the deceased and address, before a notary public.
How to fill out VA Form VA40-4970
- 1
Name the deceased and the cemetery
Fill in the TO line, your relationship to the deceased, the deceased's name and rank, and the name of the national cemetery.
- 2
Give the reason
Write the reason the disinterment is requested in the space on page 1.
- 3
Collect the affidavits
Have the individual who initiated the interment and all living immediate family members sign page 2 in ink, with their relationship to the deceased and address.
- 4
Add a court order if needed
Where the consent described on the form is not available, the form points to a court order or State instrumentality of competent jurisdiction to direct the disinterment.
- 5
Sign before a notary
Sign page 1 and have it sworn to and subscribed before a notary public, who also notarizes the page 2 affidavit.
Why fill Form VA40-4970 on indox
You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.
- Fill the form right in your browser, no software to install
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- The official blank straight from the VA, not a copy someone retyped
- Works on a phone, tablet or computer
Sending it and other details
Where it goes
The form has a blank TO line for the addressee. It prints no mailing address, fax number or online submission option.
Costs
The request states that the expenses of the disinterment cannot be borne by the Government. The form lists no amounts.
Penalty
The form says a false certification could be subject to penalties, which include fine or imprisonment, or both, and that VA reviews such situations on a case-by-case basis.
Edition
The FEB 2026 edition supersedes VA Form 40-4970, SEP 2022, which will not be used. It carries OMB Control No. 2900-0365, which expires 05/31/2029. VA's form page still lists a revision date of September 2022.
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VA40-1330M
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VA40-1330UP
Claim for Commemorative Urn or Plaque for Veterans’ Cremains Not Interred
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21P-530EZ
Application for Burial Benefits (Under 38 U.S.C. Chapter 23) (Fillable)
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Application for United States Flag for Burial Purposes
26 fields, 3 pages
Who uses VA Form VA40-4970?
The form names everyone who signs or consents.
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Questions about Form VA40-4970
What is VA Form VA40-4970 used for?
It requests authority for the disinterment of remains from a national cemetery. The form says the disinterment will not be permitted unless the data or a court order is submitted.
Who has to sign the affidavit?
The form says page 2 holds affidavits from the individual who initiated the interment, even if not a member of the immediate family, and all living immediate family members.
Who counts as immediate family on this form?
The surviving spouse (whether or not remarried), all adult children, appointed guardians of minor children, and the appointed guardian of the surviving spouse or adult children. Without a spouse or children, the parents are considered immediate family members.
What if the family does not agree?
The form says the individual seeking disinterment must then obtain a court order or State instrumentality of competent jurisdiction to direct the disinterment.
Does VA pay for the disinterment?
The request states that the expenses of the disinterment cannot be borne by the Government.
Does the form need a notary?
Yes. Both the request on page 1 and the affidavit on page 2 are sworn to and subscribed before a notary public.