Burial Laws in Texas (2026): Your Complete Guide
Most people don’t think about burial laws until they have to. Seriously. Then you’re dealing with grief, paperwork, and a whole bunch of rules you never knew existed. Let’s break down what you actually need to know about burial laws in Texas so you’re not caught off guard.
Here’s the deal. Texas has specific rules about how bodies must be handled after death. Some of them might surprise you. Others are pretty straightforward. We’ll cover everything from death certificates to private burials to what happens if you break the rules.
What Are Burial Laws?
Burial laws are the rules that govern what happens to a body after someone dies. They cover everything from paperwork to where you can bury someone. These laws exist to protect public health and make sure everyone is treated with dignity.
In Texas, the Texas Funeral Service Commission oversees most of these rules. They make sure funeral homes follow the law. They also handle complaints when things go wrong.
Think of these laws like traffic rules. Most people follow them without thinking about it. But when something unusual happens, you need to know the specifics.
Basic Requirements After Death
When someone dies in Texas, certain things have to happen right away. No exceptions.
First, you need a death certificate. Nothing can legally happen without one. No burial, no cremation, nothing. A doctor or medical examiner has to sign it.
The death certificate must be filed within 10 days of the death. But before that, someone has to file a report of death within 24 hours. Usually a funeral director handles this paperwork. If there’s no funeral director, the person in charge of the body does it.
You’ll need certified copies of the death certificate. Trust me on this one. Each time you claim insurance, benefits, or property belonging to the deceased, you’ll need a certified copy. The first copy costs $20 from the Texas Department of State Health Services. Additional copies are $3 each.
Only immediate family members can get certified copies if the death happened in the last 25 years. You’ll also need to show you have a legitimate reason for needing it.
The 24-Hour Rule
Here’s something important. If a body won’t be buried or cremated within 24 hours, it must be embalmed, refrigerated, or placed in a sealed container.
Refrigeration means keeping the body between 35 and 40 degrees. Many people use dry ice for this. It works well and doesn’t require professional equipment.
Embalming isn’t required in Texas unless you hit that 24-hour mark without refrigeration. You have choices here. That’s actually pretty unusual compared to some states.
Burial on Private Property
Wait, it gets interesting. You can legally bury someone on your own property in Texas. Yep, home burials are completely legal.
But hold on. There are rules you have to follow.
The burial site must be a certain distance from the nearest city. This distance depends on the city’s population. Bigger cities require more distance. You’ll need to check with your county clerk for specific requirements in your area.
You must bury the body deep enough. At least 1.5 feet below ground if the casket is made of impenetrable material. Two feet below ground otherwise. This isn’t a suggestion. It’s the law.
The site must be at least 100 feet from water sources. This protects drinking water and prevents contamination.
You’ll need to file a map with the county clerk showing where the burial is located. This becomes part of the property deed. If you have a property survey, you can draw on it. If not, you’ll need to get one done.
Here’s something most people don’t realize. Once you bury someone on your property, it becomes a private cemetery. Even one burial counts. And once land becomes a cemetery, you can’t just change your mind later.
If you decide to sell the property, you must tell potential buyers about the burial. The cemetery stays with the land.
Family cemeteries under 10 acres avoid most licensing requirements. Anything larger might need special permits.
Who Decides What Happens?
Texas law is very clear about who gets to make decisions about burial. There’s a specific order.
First, the deceased person’s own written instructions are followed. If they left directions about what they wanted, those come first.
If there’s no written document, the spouse makes decisions. After the spouse, it goes to adult children. Then parents. Then siblings. Then other relatives in order of kinship.
You can appoint someone ahead of time using an Appointment of Agent to Control Disposition of Remains form. This gives a specific person the authority to make decisions. It overrides the normal family order.
This is honestly a good idea. It prevents family fights when everyone is already stressed and grieving.
Cremation Rules
Cremation has its own set of rules in Texas. Let’s break them down.
Texas requires a 48-hour waiting period before cremation. This starts from the time of death on the death certificate. The waiting period can be waived by a justice of the peace or medical examiner in writing.
Why the wait? Because cremation is permanent. Once it’s done, there’s no going back. The waiting period gives time for legal concerns or investigations.
You need written authorization from the next of kin. They have to sign a cremation authorization form. This gets notarized. Then the local medical examiner or justice of the peace issues a cremation permit.
The death certificate must be completed with a cause of death before cremation can happen. If the death was suspicious or the cause is unclear, there might be delays for investigation.
Sound complicated? Most funeral homes handle all this paperwork. But if you’re working directly with a crematory without a funeral director, you’ll need to know these steps.
What You Don’t Need in Texas
Here’s the good news. Texas law is pretty flexible about some things.
You don’t need a casket for burial. State law doesn’t require it. However, some cemeteries have their own rules. They might require a certain type of container. Always check with the specific cemetery.
You don’t need a casket for cremation either. The body just needs to be in a combustible container. This can be cardboard, unfinished wood, pressed wood, or fiberboard.
Federal law actually requires funeral homes to tell you about alternative containers. They must make them available. And if you buy a casket somewhere else, the funeral home has to accept it without charging extra fees.
Scattering Ashes
Wondering what to do with cremated remains? Texas gives you lots of options.
You can scatter ashes on private property with the owner’s permission. You can scatter them on uninhabited public land. You can scatter them over public waterways.
You can keep ashes at home in an urn. You can bury them in a cemetery. You can place them in a columbarium or niche.
Texas law treats cremated remains as personal property. The designated recipient owns them completely.
Pretty much the only thing you can’t do is scatter ashes just anywhere without permission. Be respectful of property rights and local ordinances.
Funeral Homes and Licensing
Not everyone needs a funeral home. But if you use one, they must be licensed by the Texas Funeral Service Commission.
All funeral directors and embalmers must have licenses. All funeral establishments must be licensed. Crematories need licenses too.
The Commission inspects licensed facilities at least once every three years. If they find violations, inspections happen annually until problems are fixed.
Confused about whether someone is actually licensed? The Commission has an online search tool. You can verify any funeral home or funeral director’s license status.
Penalties for Violations
Here’s where things get serious. Breaking burial laws can lead to real consequences.
Operating a funeral home without a license can result in fines up to $5,000 per violation. Repeated violations can lead to permanent revocation of licensing rights.
Mishandling cremated remains can lead to civil lawsuits. Families can sue for negligence, emotional distress, or breach of contract.
Improper disposal of remains or intentional mishandling can result in criminal charges. Penalties range from fines to jail time.
The Texas Funeral Service Commission divides violations into four classes. Class A violations are least serious. Class D violations are most serious. Each class has different penalty ranges.
For licensed funeral directors, violations can mean losing your license. This prevents you from working in the industry. Sometimes for years.
Disinterment Rules
Disinterment means moving a body that’s already been buried. It requires several approvals.
You need consent from the cemetery. You need consent from the plot owner. You need consent from the person with disposition rights.
If everyone can’t agree, you need a court order. The process isn’t simple.
Texas has one unusual law about disinterment. A person who killed another person cannot be buried in the same cemetery as their victim. This reflects specific moral considerations written into the law.
Special Circumstances
Some situations have extra rules. Here are a few worth knowing.
If someone died from a contagious disease, you should consult a doctor. There might be special handling requirements.
If you’re transporting a body out of state, you need a burial-transit permit from the local registrar. This is different from the death certificate.
If you’re shipping a body by common carrier like an airplane or train, it must be in a sound casket inside a strong shipping case. Without embalming, it needs to be in an airtight metal casket.
Body Donation
Want to donate your body to science? You must contact the university or research center before death.
Most places won’t accept a body without prearrangements. They need to approve you in advance.
If you make these arrangements, tell your agent or family members. Otherwise they might not know about your wishes.
Natural or Green Burials
Green burials are becoming more popular. These skip embalming and use biodegradable materials.
Texas allows natural burials. The same depth requirements apply. Two feet minimum without an impenetrable container.
Alkaline hydrolysis, sometimes called water cremation, isn’t currently legal in Texas. But this might change. Other states are adopting it.
Frequently Asked Questions
Can you bury someone in your backyard in Texas?
Yes, you can bury someone on private property in Texas. You must follow depth requirements, distance rules from cities, and file a map with the county clerk. Check local zoning laws before proceeding.
Do you need a funeral director in Texas?
No, Texas doesn’t require a funeral director. Families can handle arrangements themselves. However, using a licensed funeral director often makes the process easier, especially with paperwork.
How much does a death certificate cost in Texas?
The first certified copy costs $20 from the Texas Department of State Health Services. Each additional copy costs $3. You’ll likely need multiple copies for insurance claims and estate matters.
How long can you keep a body at home before burial?
You can keep a body at home for 24 hours without embalming or refrigeration. After that, it must be embalmed, refrigerated to 35-40 degrees, or placed in a sealed container.
Can you be buried without a casket in Texas?
Yes, Texas law doesn’t require a casket. However, individual cemeteries might have their own requirements. Always check with the specific cemetery before making plans.
Final Thoughts
Texas burial laws balance personal freedom with public health protection. You have more options than you might think. Home burials are legal. Caskets aren’t required. You can handle many arrangements yourself.
But the paperwork matters. Death certificates, permits, and proper documentation aren’t optional. Getting these right prevents legal problems later.
If you’re planning ahead, consider documenting your wishes. Tell your family what you want. Appoint someone to handle arrangements. File the proper forms.
Most importantly, check local rules. Counties and cities can have additional requirements beyond state law. Your county clerk is your best resource for local information.
Now you know the basics. Stay informed, follow the rules, and don’t hesitate to ask questions when something’s unclear.