Burial Laws by State 2024

Notes:

• None of the 50 states legally require a casket for burial or cremation.
• In all 50 states, funeral homes must accept caskets that consumers have purchased from another source.
• In every state except Alabama, funeral homes must accept caskets that consumers have built on their own.
• In Idaho and Maine, only licensed funeral directors may sell caskets.

Alabama

Depth Requirement	None
Private Property Burial Allowed	Depends (check local zoning)
Burial-Transit Permit	Not required
Body Preparation	Embalming is required only in order to leave the state.
Legally allowed burial locations	Established cemeteries. However, no state laws prohibit home burial (check local zoning rules).

Alaska

Depth Requirement	None
Private Property Burial Allowed	Depends (check local zoning)
Burial-Transit Permit	Not required
Body Preparation	No laws exist requiring a body to be embalmed.
Legally allowed burial locations	Established cemeteries. However, no state laws prohibit home burial (check local zoning rules).

Arizona

Depth Requirement	None
Private Property Burial Allowed	Depends (check local zoning)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed or refrigerated after 24 hours.
Legally allowed burial locations	Established cemeteries. However, no state laws prohibit home burial (check local zoning rules).

Arkansas

Depth Requirement	None
Private Property Burial Allowed	Depends (family plot possible in rural areas)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed OR refrigerated at or below 45° after 24 hours unless cremating. Neither are required for 48 hours if planning to cremate. Embalming is required in order to leave the state.
Legally allowed burial locations	Must be in established cemetery, but it is possible to apply for special family plot permit.

California

Depth Requirement	18" from top of body or coffin/vault to surface
Private Property Burial Allowed	Depends (family plot possible in rural areas)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed OR refrigerated after 24 hours. Embalming is required in order to leave the state.
Legally allowed burial locations	Must be in established cemetery, but it is possible to apply for special family plot permit.

Colorado

Depth Requirement	None
Private Property Burial Allowed	Depends (check local zoning)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed OR refrigerated after 24 hours. Contagious or communicable diseases must be reported to local or state health officers by person acting as funeral director.
Legally allowed burial locations	Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules).

Connecticut

Depth Requirement	30" from top of body or casket/vault to surface
Private Property Burial Allowed	Depends (check local zoning)
Burial-Transit Permit	Not required
Body Preparation	Funeral director must be hired to supervise interment, remove body, and file death certificate. If the person dies of a communicable disease, disposition must be handled by a licensed embalmer. Disposition must occur within a reasonable time.
Legally allowed burial locations	Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules).

Delaware

Depth Requirement	18" from top of body or casket/vault to surface
Private Property Burial Allowed	Depends (check local zoning)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed or refrigerated after 24 hours. Disposition must occur within 5 days.
Legally allowed burial locations	Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules).

Florida

Depth Requirement	12" from top of body or casket/vault to surface
Private Property Burial Allowed	Depends (check local zoning)
Burial-Transit Permit	Not required
Body Preparation	Must be embalmed or refrigerated after 24 hours.
Legally allowed burial locations	Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules).

Georgia

Depth Requirement	Depends (check local zoning)
Private Property Burial Allowed	Not required
Burial-Transit Permit
Body Preparation	No laws exist requiring a body to be embalmed
Legally allowed burial locations	Established cemeteries, but no state laws exist that prohibit home burial. Check local zoning rules. Bibb County prohibits home burial.

Hawaii

Depth Requirement	Must be sufficient to avoid public health nuisance and animal disturbance
Private Property Burial Allowed	No
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed or refrigerated after 30 hours.
Legally allowed burial locations	Must be buried on land approved as a cemetery by the Director of Health. A burial-transit permit must be obtained before burying a body.

Idaho

Depth Requirement	None
Private Property Burial Allowed	Depends (check local zoning)
Burial-Transit Permit	Not required
Body Preparation	Must be embalmed or refrigerated after 24 hours. Embalming is also required if a body is to be transported by common carrier, such as an airplane or train.
Legally allowed burial locations	Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules).

Illinois

Depth Requirement	18" from top of body or casket/vault to surface
Private Property Burial Allowed	Depends (check local zoning)
Burial-Transit Permit	Not required
Body Preparation	No laws requiring a body to be embalmed. The funeral director or person with custody of the body must obtain a permit from the registrar of the district where the death occurred before disposing of the body.
Legally allowed burial locations	Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules).

Indiana

Depth Requirement	24" from top of body or casket/vault to surface
Private Property Burial Allowed	Depends (family plot possible in rural areas)
Burial-Transit Permit	Not required
Body Preparation	No laws requiring a body to be embalmed.
Legally allowed burial locations	Must be buried in established cemeteries. It may be possible to apply for special family plot permit in rural areas.

Iowa

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Body can be held without preservation up to 72 hours; then refrigerated at between 38 and 42 degrees for 72 more. Communicable disease must be reported to attending physician. Funeral director must be hired to handle arrangements with crematories; bodies with infectious diseases must be embalmed.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Kansas

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed or refrigerated after 24 hours (extensions possible). Check statutes for specific infectious or contagious diseases that must be handled by a licensed FD unless disposition occurs within 24 hours.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Kentucky

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	No laws requiring a body to be embalmed.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Louisiana

Depth Requirement	24" from top of body or casket/vault to surface
Private Property Burial Allowed	Depends (family plot possible in rural areas)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed or refrigerated at below 45° after 30 hours. Funeral director must be hired for "any service whatsoever connected with the management of funerals".
Legally allowed burial locations	Must be buried in established cemeteries. It may be possible to apply for special family plot permit in rural areas.

Maine

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	If a body will be shipped by common carrier, such as an airplane or train, it must either be embalmed or placed in a container designed to prevent the escape of fluids or offensive odors. Diseases must be reported to attending physician to determnine if medical examiner needs to be involved.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Maryland

Depth Requirement	None
Private Property Burial Allowed	Depends (check local zoning)
Burial-Transit Permit	Not required
Body Preparation	There are no laws or regulations requiring embalming. Contagious diseases must be reported to attending physician.
Legally allowed burial locations	Established cemetery, a family burial plot, or other area allowed by a local ordinance.

Massachusetts

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	No laws requiring a body to be embalmed.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Michigan

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	If a body is not buried or cremated within 48 hours, embalming may be required for transportation purposes. Funeral director must be hired to file the death certificate and oversee disposition; embalming is required for bodies with rare infectious or communicable diseases.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Minnesota

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed or refrigerated after 72 hours. Refrigeration limited to 6 days; dry ice use limited to 4 days.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Mississippi

Depth Requirement	24" from top of body or casket/vault to surface
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed or refrigerated after 24 hours if destination cannot be reached and burial/cremation does not take place within 48 hours. Contagious disease that endangers public health must be reported to a medical examiner.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Missouri

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Embalming is required for bodies with infectious or communicable diseases if not buried or cremated within 24 hours.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Montana

Depth Requirement	18" from top of body or casket/vault to surface
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	A body that died of infectious disease must be disposed of as soon as reasonably possible and with minimal handling. Body must be embalmed OR refrigerated if not expected to reach its destination within 48 hours.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Nebraska

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Embalming is required if the death was due to a communicable disease listed by the Center for Disease Control (unless body is encased in a metal or metal lined and hermetically sealed container), if final disposition will not occur within 24 hours (72 hours of refrigeration is allowed), or if the body will be shipped by common carrier, such as an airplane or train.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Nevada

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Required
Body Preparation	Bodies held for cremation must be refrigerated after 24 hours. Report contagious or communicable disease to attending physician to consult state guidelines.
Legally allowed burial locations	Before burying a body, the funeral director must obtain a burial permit. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

New Hampshire

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Dead bodies may not be exposed to the public for a period in excess of 24 hours without embalming.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

New Jersey

Depth Requirement	Adults 4' from top of body or casket to surface, children 3.5' from top to surface
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Embalming is required if a body won't be buried or cremated within 48 hours, it must be either embalmed or refrigerate.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

New Mexico

Depth Requirement	6' minimum bottom depth
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed or refrigerated at below 40° if not disposed of within 24 hours. Contagious or communicable diseases must ber reported to the Office of Medical Investigation.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

New York

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Required
Body Preparation	No laws requiring a body to be embalmed.
Legally allowed burial locations	Before burying a body, the funeral director must obtain a burial permit. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

North Carolina

Depth Requirement	18" from top of body or casket/vault to surface
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Embalming is not allowed when death is due to specific diseases.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

North Dakota

Depth Requirement	3.5' from top of body or casket/vault to surface
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Required
Body Preparation	Embalmed or refrigerated if it will be transported but cannot reach its final destination within 48 hours. If the body cannot reach its destination within 72 hours, it must be embalmed.
Legally allowed burial locations	Before burying a body, the funeral director must obtain a disposition-transit permit from the state registrar. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Ohio

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Bodies with communicable diseases must be buried or cremated within 24 hours.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Oklahoma

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Enbalming or refrigeration is required if final disposition does not occur within 24 hours.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Oregon

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Dispositions not occurring within 10 days must be reported to the Mortuary Board
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Pennsylvania

Depth Requirement	24" from the hipbone or casket/vault to surface
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Required
Body Preparation	Body must be embalmed, placed in a sealed casket, or refrigerated if final disposition (burial or cremation) does not occur within 24 hours. If refrigeration is chosen, final disposition must occur within five hours of removal from refrigeration. After 36 hours of refrigeration, public viewing is discouraged.
Legally allowed burial locations	Permit from the local registrar or State Registrar of Vital Statistics is required in order to bury or otherwise dispose of a body. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Rhode Island

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Required
Body Preparation	Body must be embalmed or refrigerated within 48 hours of death.
Legally allowed burial locations	Before burying a body in Rhode Island, the funeral director must prepare a burial-transit permit. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

South Carolina

Depth Requirement	10" from top of body or casket/vault to surface
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	No laws requiring a body to be embalmed.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

South Dakota

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Required
Body Preparation	Embalming is required if a body to be embalmed or refrigerated if final disposition does not occur within 24 hours.
Legally allowed burial locations	Before burying a body in South Dakota, you will need to obtain a burial permit from the health department or local registrar. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Tennessee

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	No laws requiring a body to be embalmed.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Texas

Depth Requirement	24" from top of body or casket/vault to surface
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Bodies must be embalmed or refrigerated to 35-40° after 24 hours unless placed in a sealed container.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Utah

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Required
Body Preparation	Embalming is required if a body to be embalmed or refrigerated if final disposition does not occur within 24 hours. If a a body will be shipped by common carrier it must be embalmed and placed in a sealed casket or metal container designed for the purpose of shipping a body.
Legally allowed burial locations	Hospital must receive a burial transit permit before it can release a body. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Vermont

Depth Requirement	3.5' adult and infant min. bottom depth
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	No laws requiring a body to be embalmed
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. In 2015, Vermont passed a law permitting landowners to create "natural burial grounds", a private cemeteries that employ land management practices that are more environmentally sensitive than those used by traditional cemeteries.

Virginia

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Body must be embalmed or refrigerated after 48 hours.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Washington

Depth Requirement	None
Private Property Burial Allowed	No
Burial-Transit Permit	Not required
Body Preparation	A body can be either embalmed or refrigerated until the time of burial or cremation.
Legally allowed burial locations	Must be an established cemetery.

West Virginia

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	No laws requiring a body to be embalmed.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Wisconsin

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	No laws requiring a body to be embalmed.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.

Wyoming

Depth Requirement	None
Private Property Burial Allowed	Yes (w/ permit)
Burial-Transit Permit	Not required
Body Preparation	Embalming is required for bodies with specific communicable diseases.
Legally allowed burial locations	Most bodies are buried in established cemeteries, but burial on private property is possible with a permit.