Before digging, check with authorities to see where underground pipes, power lines, and other hidden obstacles may be located. (Alabama Code § 22-19-3) With that in mind, this page outlines the rules you need to follow and the steps you need to take into account when performing a home burial. Required when shipping by common carrier.Embalming or Refrigeration for cremation: Required after 48 hours, For more information, read the “Consumer Rights for Arkansas” at, Home Burials: NO, except with special permit (See below)Funeral Director Required: YESCheck Local Zoning Laws: YESEmbalming Required: NO. When digging the grave, you will go through several distinct layers of soil. The bottom of the casket is in contact with the ground. Most states either recommend or require that you report the existence of a communicable disease to an attending physician or medical examiner. The body can be dressed or naked, wound in a sheet or put in a body bag, placed in a coffin or a casket – the choice is yours. Check statuteCremation: 24-hour wait time required, For more information, read the “Consumer Rights for Alaska” at, Home Burials: YESFuneral Director Required: YESCheck Local Zoning Laws: YESCasket Required: NOEmbalming or Refrigeration: Required after 24 hoursContagious Disease: Reporting to attending physician recommendedCremation: 24-hour wait time required, For more information, read the “Consumer Rights for Arizona” at, Home Burials: NO, except with special permitFuneral Director Required: NOCheck Local Zoning Laws: YESContagious Disease: Reporting to attending physician recommendedEmbalming or Refrigeration for burial: Required after 24 hours. Phone (724) 770-0100 The primary reason people choose for burial on family-owned land is the deep spiritual connection they feel toward the property. Local health officer may be involved in disposition arrangements in these cases, Body must be embalmed OR refrigerated after 48 hours, Bodies must be buried at established cemeteries. People can bring plates and drinks for everyone to share. State Board of Health determines restrictions, if any, Health Department determines restrictions, if any, Reporting of contagious or infectious disease to attending physician is recommended, Embalming is required for bodies with specific communicable diseases, Public funerals for bodies that died of communicable diseases require supervision by a health department official; funeral homes must embalm, refrigerate, cremate or bury within 36 hours by regulation, not statute – applies to FDs only, Embalming is required for shipping by common carrier. With over 85 years of experience, Rome Monument is qualified to offer families advice on home funerals and show you the different types of monuments to mark your home burial site. Some states mandate a funeral director’s involvement, from signing the death certificate to overseeing burial or cremation. 4. Home burials also offer the convenience of being close to home and reduce space-restrictions associated with a family plot in a cemetery. Sealed casket may substitute for embalming when shipping by common carrier. Animals cannot smell remains buried at least three feet beneath the surface, so you can be confident the grave will not be ravaged by a raccoon, cat, or dog. If you wait too long to transport the body from another location, you may run into state rules regarding the requirements for embalming or refrigeration after a certain amount of time has passed – usually 24-48 hours. Like the family burial plot. Once the body is home, you have much work to do with respect to preserving the body, burying the body and planning a home funeral or a life celebration. When burying the body at home, many families choose to hold an event at home similar to a funeral service that includes friends, family, coworkers and other important people in the deceased’s life. Several airline companies offer shipment of human remains. When the body is in place, participants in the ceremony can throw shovelsful of soil into the grave…or you can wait several days before filling the hole. Having an outer burial container such as a grave liner, burial vault, or lawn crypt, protects the casket and keeps the ground around the gravesite stable. Whether you are purchasing a burial plot for a loved one or simply making plans so that your family isn’t faced with the task in the future, choosing a burial plot is an extremely personal decision. Feel free to make an eco-friendly coffin or casket with your own hands. Check with your common carrier or local authorities. We have a family dispute with a family burial plot, my father and aunt were suppost to be the legal owners ot the last two spot in the plot . Take some time to find the ideal spot to place the grave. At Rome, we can create a 100% personalized monument just for you…and just the way you want, often at a price that is less than what other monument companies, funeral homes, and cemeteries charge. IC 23-14-41-5 Waiver of burial rights Sec. burial ground is situated, for the following purpose or purposes: (1) To have the remains of all deceased persons buried in such ground removed therefrom and reburied in a suitable repository to be obtained for that purpose before their removal from Another bonus is that home burials are inherently green - providing minimal negative impact to the environment. Free Newsletters As added by P.L.52-1997, SEC.15. If you live in the same state where your loved one died, transporting the body from another location to your home can be fairly easy. If you are transporting the body by common carrier, such as a truck, a train, or an airplane, you will need a sealed casket or have the body embalmed or refrigerated. Grave liners are typically made of concrete and lined with plastic or metal. Laws governing the establishment of family cemeteries vary from state to state. You must check local zoning laws for restrictions on home burials. Although a license to do so is not needed, such a family burial ground does have to be recorded with the property deed. Natural burials and cemeteries are explicitly listed as legal and preferable for those who want to have minimum impact on the environment. As used in this chapter, "burial plot" means the unit of space, consisting of one (1) or more: (1) grave spaces; (2) mausoleum crypts; (3) garden crypts; or (4) niches; originally conveyed by the cemetery and remaining after any transfers made by the record owner during the record owner's life. We are a national cemetery and home burial monument company that builds 100% personalized memorials for your private property. You can also wrap the body in a simple cotton shroud made from natural fibers such as cotton, linen, silk, and wool. Must be embalmed OR refrigerated after 24 hours, Body must be embalmed OR refrigerated (preferably in a facility) after 30 hours, Embalming is prohibited for select infectious diseases. Use a scrub brush to apply water and mild detergent to the surface. For starters, you’ll need to do your own landscaping – mowing, pulling weeds, cutting encroaching tree branches, etc. The most restrictive rules are in New York and Louisiana, where a licensed funeral director must oversee just about anything concerning the body or the funeral itself. It is legally required to hire a Funeral Director to handle certain parts of the funeral. This helps family members move through the grieving process as they pay special tribute to the life of their loved one. Pre-planning a funeral is a fantastic way to spare the family the trouble of making decisions on your behalf. It may affect how a body can be transported and disposed of. If the death was due to a noncontagious disease and will be shipped by common carrier (such as an airplane) to a place that cannot be reached within 24 hours after death, the only choice for a body is to be embalmed or placed in a sealed container. Most bodies are buried in established cemeteries, but there are no state laws in Georgia that prohibit burial on private property. However, the person with the right to control disposition must accept or decline embalming by signing a specific form prescribed by the Bureau. Or they might simply purchase a row of plots to be reserved for their loved ones. But don’t tell them it’s a very, very difficult task! When a body is refrigerated, it only delays decomposition a couple days. This area is generally marked by a large headstone with the family name engraved on it. Lawn Crypts, often used in cemeteries, are more solidly constructed than any other type of burial liner, but probably unnecessary and too costly for home burial. They can work independently. As added by P.L.52-1997, SEC.15. 7. Keep the layers separate when removing them so that the ecosystem can return to normal after you fill the grave back up. Only Indiana, California and Washington State outlaw the practice totally. You must obtain a burial permit from the local registrar of the district where the death occurred before burying someone. IC 23-14-41-3 Holding of family burial plot Sec. TITLE 23. BUSINESS AND OTHER ASSOCIATIONS, View Previous Versions of the Indiana Code. Embalming is required for bodies with specific communicable disease and if body will not reach its destination within 24 hours, or if disposition is not accomplished within 48 hours. It takes about eight to ten hours to dig a human size grave. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. If the result would be the disruption of the character of the lot as a family burial plot, the lot is not deemed to pass by will[xviii]. By law, you own the body after death and, remaining mindful of your state’s laws, can move the body however you like. Fax: (724) 770-9835 Oy, burial plots are always a problem. Visit the Design Gallery to view examples of memorials we’ve created for cemeteries and home burial sites in the United States. Bodies must be buried in an established cemetery. A casket is also not required for burial by state law, but cemeteries may have their own individual policies for containers. For instance, one state may require that the body be embalmed while another state does not. They cover various matters including the allocation, size and purchase of burial plots, the recording of burials, the maintenance of a register of burials, and the requirements regarding headstones and monuments, as well the depth of burials and first interments. State law does not require the use of a casket, and an individual can build one or bring an alternative container they bought online. How to manage burials grounds, including the laws you need to follow, maintenance standards and staff training. Physician should be consulted for death by contagious or communicable disease, Embalming is required with the use of common carrier, Funeral director must be hired to file the death certificate, Funeral Director must be hired to handle the disposition permit, which requires that they file the death certificate to receive it; must be hired to receive cremated remains, Reporting of infectious disease to attending physician is recommended, 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 and to embalm bodies with infectious disease, Embalming is required for bodies with communicable diseases, 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 Funeral Director unless disposition occurs within 24 hours, Embalming required for specific diseases if disposal not complete within 24 hours, A sealed metal casket for immediate burial may substitute for embalming of bodies with a communicable disease, Body must be embalmed OR refrigerated at below 45° after 30 hours, Consult with physician if contagious or communicable disease is involved, Funeral director must be hired to cover sweeping powers for all aspects of after death care “…any service whatsoever connected with the management of funerals…”, Report diseases to attending physician to see if medical examiner needs to be involved, Required to be embalmed OR shipped in a sealed airtight container by common carrier, Report contagious disease to attending physician, Funeral director must be hired to file the death certificate and oversee disposition, Embalming is required for bodies with rare infectious or communicable diseases, Refrigeration is NOT accepted as a preservation replacement, Must be embalmed after 48 hours if body has not reached final destination – applies to FDs only, Body must be embalmed OR refrigerated after 72 hours; refrigeration limited to 6 days; dry ice use limited to 4 days; disposition must occur within a reasonable time, Embalming for contagious diseases may be ordered by the Commissioner of Health, Bodies must be embalmed for shipping by common carrier, Body must be embalmed OR refrigerated after 24 hours if destination cannot be reached and does not take place within 48 hours, Contagious disease that endangers public health must be reported to a Medical Examiner, Reporting of communicable disease to attending physician is recommended, Embalming is required for bodies with infectious or communicable diseases if not buried or cremated within 24 hours, Embalming OR wrapping in disinfectant-soaked sheet and shipped in a sealed airtight container by common carrier is required for bodies with specific communicable diseases, 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, Funeral director must be hired to file the death certificate, sign transit permits, supervise interments, Embalming is required with use of common carrier, Bodies held for cremation must be refrigerated after 24 hours, Report contagious or communicable disease to attending physician to consult state guidelines, Bodies with infectious disease may be embalmed by order of the Board of Health, Dead bodies may not be exposed to the public for a period in excess of 24 hours without embalming, Funeral director must be hired to file the death certificate and supervise disposition, Bodies must be embalmed to be shipped through common carrier if destination will not be reached within 24 hours, Body must be embalmed OR refrigerated at below 40° if not disposed of within 24 hours, Report contagious or communicable disease to the Office of Medical Investigation, Bodies must be embalmed OR sealed in an airtight container for shipping by common carrier, Reporting of contagious disease to attending physician is recommended, Funeral director must be hired to file the death certificate; receive body from a hospital, institution or other place; personally supervise the funeral services; personally supervise the interment or cremation, Reporting of contagious disease to attending physician or medical examiner is recommended, Embalming is not allowed when death is due to specific diseases; bodies that died of contagious diseases must be encased in a sealed casket, Requires immediate disposition under specific conditions; any body must be embalmed if it will not reach its destination within 24 hours, or if disposition is not accomplished within 48; all dispositions must occur within 8 days. After a loved one passes away, the next of kin has the legal right and responsibility to handle all of the disposition arrangements. You are allowed to carry out post-death functions such as bathing and dressing the body and holding any type of ceremony you wish. Most states let you do it all on your own, but you still have to abide by the statutes, rules and regulations concerning your state and locality. membership of a burial society that mother-in-law subscribed to. Refrigeration serves the same purpose. They often incorporate symbols and imagery that convey the specific nationality or religion of the deceased. If the person died with a contagious disease, there are rules concerning the treatment and disposition of the body. It will be a good workout and useful therapy for everybody! First, make sure the body is bathed and dressed, then minimally packed with dry ice and kept in a cool room to preserve the body. The right to be interred in a particular cemetery is an easement, license, or privilege. Other states do not allow home burials at all such as California, Indiana, and Washington. No preservation time requirements for home funeral families, Reporting of contagious or communicable disease to attending physician is recommended, Embalming is required in order to leave the state unless the body is going to be used for medical research, You must check local zoning laws for restrictions on home burials, No preservation time requirements for home funeral families, Check statute for specific communicable diseases that require a physician’s advice. Rome Monument offers monument, gravestone and mausoleum maintenance, cleaning and restoration services to families with home gravesites. Home funerals can include religious items and traditions as part of the ceremony. Cremated remains can be carried on as hand luggage on most airlines. You will still have to fill out and sign a death certificate (with the help of a nurse or doctor) and file it with the county clerk’s or registrar’s office. Before burying a body on private land or establishing a family cemetery, you should check county and city … Embalming is not required. 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. “Cremation” is the process of turning a body to ashes by use of various heating treatments. The next step is to plan the creation of the grave, if you haven’t already. I assume that the 2 children own the stone equally between them. 97.610 Determining occupant of burial plot having co-owners; 97.620 Death of co-owner; 97.630 Family plots 97.640 Waiver or termina­tion of vested right of inter­ment; 97.650 Limita­tions upon vested right of inter­ment ; ORS 97.630 ¹. Subscribe to Justia's There are also burial vaults and grave liners for cremated remains (urn vaults). NOLO ( is a legal advice site where you can learn the rules that govern home funerals in your state. A “Funeral Director” ( is involved in the business of certain funeral rites, including embalming, burial and cremation. A family burial plot may be used to bury the holder, his/her spouse, ascendants, descendants and relatives as well as people the holder is close to such as live-in partners, children of a second spouse's first marriage, etc. You can choose between purchasing a burial insurance or making all … Use a soft bristled brush and water. Then cover it with a tarp and anchor the tarp with rocks. (Airtight container acceptable)Casket Required: NOPreservation Time Requirements: NONEContagious Disease: Check with physician recommended, For more information, read the “Consumer Rights for California” at, Home Burials: YESFuneral Director Required: NOCheck Local Zoning Laws: YESEmbalming Required: After 24 hours. Essentially, there are three different scenarios that vary state by state: There are other regulations regarding the preservation of the body, transporting the body, required use of a funeral director, contagious diseases, and more. “Refrigeration” is when a body is preserved through refrigeration with ice or dry ice or gel packs. Then avoid them at all cost. Individual counties within some states have their own rules regulating family cemeteries on private land. The body can also be pulverizing a body into small fragments. Use a different tarp for each layer. If you would like to place flowers around the grave, that is fine, but they will require extra work. Get a whole bunch of family and friends to help and you can cut a few hours off the job. Place stakes at the four corners of the grave. Is it possible to pre-plan a funeral in Utah? In most states, the only restrictions to home burial are found in local zoning laws that tell you how and where you can bury the body. One does not own the actual land where the burial plot is. A home burial site is considered a cemetery, even if only one person is buried there. You will be displacing about 150 square feet of dirt. Be aware that a handful of states do require that you hire a funeral director to handle portions of the post-death process. We can help you decide which type of memorial is best for your purposes. These are called setbacks, and setback laws are different for each state. Click here to request more information or to schedule gravestone cleaning services if you would like to talk with Rome Monument about our restoring a monument (s) to its original appearance. There are many ways to personalize each of these options. 6. 1. Rarely are caskets or other wrappings required for the body. In every state, next of kin has custody and control of the body after death. If you have a bronze marker, use a stainless steel brush to remove dirt and corrosion on the surface. Solid concrete burial liner boxes come in one piece and are extremely heavy - too heavy to lift even with all the friends who came to help dig the grave. The law does not require outer burial containers, such as vaults or grave liners, but cemeteries may require them because they keep the ground from settling after burial. Ground burial provides loved ones a place to remember those they have loved and lost. A grave liner covers only the top and sides of the casket. That is purely up to you what you do. Coffins made of cardboard or wicker won’t harm the environment. If you are considering a home burial for a loved one, it is good to know that most states make it perfectly legal to take a body home from the hospital, nursing home, or other institution and bury it on your private property. Add meaningful etchings, engravings, portraits, or inscriptions that make it a one-of-a-kind memorial dedicated to a loved one. Call us at 724-770-0100 for more information or to request our headstone cleaning services. Sealed casket may substitute for embalming when shipping by common carrier. They will differ in moisture content, bacteria, fungi, air, light, etc. You don’t any type of container to bury a body on private property if that is what you desire. First and foremost, anything going into the ground (shrouds or other burial containers) should be made of natural materials which biodegrade easily. Also consider what kind of memorabilia you place at the gravesite. Postal Service also handles the shipping of cremains. People who are considering purchasing a burial plot often ask whether the plot has an expiration date before use.This is usually not the case, and when you purchase a burial plot, it is usually always yours. Common sense will tell you not to bury the body in soft sandy soil or hard rocky soil. court opinions. There are two types of grave liners. A “sectional” grave liner is made of six sections and assembled in the grave. but you must check local zoning laws before establishing a home cemetery or burying on private land. States sometimes require embalming when transporting a body by common carrier or when the person has died of a communicable disease. Everyone is entitled to a decent burial in a suitable place. Joseph XXXX They are twice the height of a liner box because they have two compartments to hold two people, one above the other. These are Connecticut, Indiana, Louisiana, Michigan, Nebraska, and New York. Our personalized headstone designs come in a variety of styles, shapes, and colors with different price ranges to fit your budget. Whether the person died away from home or at home, the body first needs to be bathed, dressed. They make the process go smoothly, but they are also more expensive than if you moved it yourself. Local governments may have rules governing private burials, however. The Rome Monument cleaning crew polishes and cleans both granite and flat bronze grave markers and monuments. A second burial in the same plot … He or she also helps arrange funeral ceremonies. Funeral homes have respected carriers already in place to transport bodies safely. Ask friends and family to say a prayer, read a eulogy, recite from a holy book, sing a song, talk about a specific incident that meant a lot to them. This means that you will need a piece of paper with the name, address, date of birth, age, date, and place of burial and the name of the "minister" presiding over the burial.
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