Is it Legal to Bury a Family Member on Private Property in Texas?

When someone passes away, most families immediately think about a cemetery, a funeral home and a traditional burial.

But that's not the only option.

In some parts of the country, families can choose to bury a loved one on their own private property. It's a decision that can be deeply personal, allowing family members to keep their loved one close to home rather than having them buried in a traditional cemetery.

So, what about Texas? Can you legally bury a loved one on your own property in Texas? The answer may surprise you.

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: 

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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 

DETAILS/OTHER: 

• 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