Is it legal to bury your loved one on private property in Texas? Here's what the law says

Marley Malenfant , Austin American-Statesman
·3 min read

Talking about death and whether a loved one wants to be laid to rest or cremated is an uncomfortable conversation.

Wanting to bury a loved one in the backyard can also be an awkward conversation, but legally viable. If you’re not sure of the burial laws in Texas, here’s what state laws say:

What does Texas law say about home or private burials?

There’s nothing that says a person can’t bury a loved one on private property, according to attorney Jeff Burtka who has practiced estate planning law.

“There are no state laws in Texas prohibiting home burial, but local governments may have rules governing private burials,” he said. “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. You can most likely hold a home burial if you live in a rural area.”

There are several things to consider as well. Keep in mind potential natural disaster issues like flood plains in your area.

What does Texas law say about death certificates?

If you don’t want to bury a loved one at a cemetery, Texas Health & Safety Code. §193.002 requires the person in charge of interment or in charge of removal of a body to:

  • Obtain and file the death certificate or fetal death certificate.

  • Enter on the certificate the information relating to the disposition of the body.

  • Sign the certificate.

  • File the certificate electronically as specified by the state registrar.

According to Texas Admin Code. §181.2, Texas regulations require anyone who assumes custody of a body to file a "report of death" form with the local registrar of vital statistics within 24 hours of taking custody of the body.

Is it legal to remove a corpse from a cemetery plot in Texas?

You can remove a corpse from a cemetery plot, but there are rules.

According to Texas Health & Safety Code. §711.004, the removal of remains is legal with plot owners, cemetery operation and with other qualifiers, such as:

  • The person designated in written form signed by the decedent.

  • The decedent's surviving spouse.

  • Any of the decedent's surviving adult children.

  • Either one of the decedent's surviving parents.

  • Any of the decedent's surviving adult siblings.

  • Any of the duly qualified executors or administrators of the decedent's estate.

  • Any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.

Transferring a corpse in Texas

If you’re planning to transfer a corpse, be sure to go through the proper channels and not do anything that could get you fined or put in jail. According to Texas Penal Code §42.08, a person knowingly commits an offense if they:

  • Disinter, disturb, damage, dissect, in whole or in part, carry away, or treat in an offensive manner a human corpse.

  • Conceal a human corpse knowing it to be illegally disinterred.

  • Sell or buy a human corpse or in any way traffic in a human corpse.

  • Transmit or convey, or procure to be transmitted or conveyed, a human corpse to a place outside the state.

  • Vandalize, damage, or treat in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest.

Are there any Texas tax breaks for private burials?

Wondering about having to pay taxes for a private burial site? Texas tax code statue §11.17 says you could get a break: “A person is entitled to an exemption from taxation of the property he owns and uses exclusively for human burial and does not hold for profit.”

This article originally appeared on Austin American-Statesman: Can you bury your loved ones in your backyard? See Texas burial laws