Can you bury your mom at home in your backyard in Texas? Here’s what the state law says
Can you bury a loved one at your home? A woman on TikTok went viral this week for burying her recently deceased mother in her backyard.
In Texas, it is legal to bury a loved one on your own land in the state, according to the Texas Health and Safety Code. There are a few exceptions, however.
A woman is going viral for burying her recently deceased mother in her backyard. pic.twitter.com/6l4Wajybsu
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Texas family cemetery requirements
In Texas, while there are no state laws prohibiting home burial, local governments may have rules governing private burials, according to Attorney Valerie Keene. Because each county or municipality may have zoning laws concerning family cemeteries, you should check with your county clerk for applicable rules.
“Before burying a body on private property or establishing a family cemetery, you should check with the county or town clerk for any zoning laws you must follow,” Keene writes. “You can most likely hold a home burial if you live in a rural area.”
In establishing a cemetery on its private property, the family must also comply with deed restrictions and other legal requirements, such as flood plain regulation, according to the Texas Association of Counties. Under Health and Safety Code §711.008, there are restrictions on the location of a cemetery based on proximity to a city and the population of the city.
The land must be less than 10 acres to avoid cemetery licensing laws that regulate the funeral industry, according to US Funerals. It is recommended, or sometimes required, to file with the property deed a map marking the burial location. Texas law requires that a body not buried or cremated within 24 hours after death be embalmed, refrigerated or placed in a sealed container.
Do you need a funeral director and casket for a home burial in Texas?
In Texas, a family can conduct a burial without using a licensed funeral director. Caskets and burial containers are not required by law in Texas. A statement of death within 24 hours and a death certificate within ten days are legally required.
More information on establishing a family cemetery on private property is available on the Texas Cemeteries Association website.
