Is it Legal to Bury a Family Member on Private Property in Texas?
It seems like you see a lot more of this happening in neighboring states like Louisiana where family members decide to bury relatives on their own personal property. This truly is a personal decision and in the states around Texas like New Mexico, Oklahoma, and Arkansas this is perfectly legal. In Louisiana you can have a home burial, but a Funeral Director must be involved in the process. But what about the state of Texas if you want to bury a relative on your property are you allowed to do so by Texas Law?
The most common practice when a family member dies is to have them buried in a cemetery where they can be visited by anyone who wants to pay their respects. But that doesn’t mean that is the only option.
In Texas You Have Options Regarding Burials
According to Rome Monuments, in the state of Texas, it is 100% legal to have a home burial for a loved one, and unlike in Louisiana, you don’t even need a Funeral Director involved in the plans. It might make the process easier, especially as the family is probably grieving but the choice is all yours.
Only 3 US States Don’t Allow Home Burials
Indiana, California, and Washington state are the only three states in the U.S. that doesn’t allow home burials. There are more than a handful of states like Louisiana that require a Funeral Director to handle part of the post-death process.
After the burial and funeral is over there are still things to keep in mind. Like if you decide to sell that property you will need to let potential future buyers aware that someone is buried in the yard.
Here are more details about rules regarding burials in Texas:
Home Burials: YES
Funeral Director Required: NO
Check Local Zoning Laws: YES
Contagious Disease: Report to attending physician recommended
Embalming or Refrigeration Required: After 24 hours unless in sealed container
Cremation: 48-hr wait period
There are no laws that prohibit home burial
You must check local zoning laws for restrictions on home burials
Bodies must be embalmed OR refrigerated to 35-40° after 24 hours unless placed in a sealed container
Reporting of contagious or communicable disease to attending physician is recommended
48 hour mandatory wait time to cremate