Backyard Burial

Legal Backyard Burial - Yes, You Can.

Home Burial

Many states allow at-home burials. Check your local zoning laws; you may legally be laid to rest on your own property.

Each state has different regulations on backyard burials, but three are most common.

The burial ground becomes a permanent easement on the land to ensure the graves are never moved.
Later owners of the property may claim the burial ground as abandoned after years of nonuse, then the bodies would be relocated to a regular cemetery.
Owners of land containing a private cemetery would be required to allow visitation by family members (this is often secured by recording the burial ground with the deed to the land.)

There risks of backyard burials are minimal.There are concerns however that backyard burials may make property harder to sell. Plus, should one sell their property there is no guarantee that the next owners will respect the burial ground.

Permits are required - no one may dispose of human remains without a death certificate being filed with the local county registrar of births and deaths and a disposition permit obtained from the same office. The permit will specify the proposed location of burial.

Many states, like the state of Oregon, are silent on this issue. Title 97.120(2) says it is actually up to each individual county as to the laws concerning home burial. Most counties ask for a certain acreage amount, a distance of at least 150’ from a water supply, and at least two feet of earth on top. Before burial, the person in charge must sign the burial-transit permit and return it within 10 days to the registration of the county in which the death occurred. The practice is generally discouraged because of the potential affect on the property value. Because the practice is not common yet, society is still uncomfortable with it. Neighbors might find it disturbing to watch someone bring a body home, hold a funeral in their home, and then bury the body in their yard. However, a number of planned “Green Burial Preserves” are currently in development throughout the country to fulfill the demand for natural burials.

Additional Legal Info specific to California
Various criminal offenses relate to burials. They are misdemeanors, with a maximum punishment of six months in county jail and a $1,000 fine (which would be approximately doubled by various fees). This is the maximum, usually imposed only if the defendant refuses probation. If the District Attorney has taken the trouble to file a case, the minimum punishment he would probably seek would be probation for several years.

Some of the offenses are:
1) Scattering human ashes or burying someone without a permit.
2) Buring remains of more than one body in a single grave UNLESS both decedants have consented.
3) Not disposing of human remains within a "reasonable time" (usually eight days).
4) Disposing of human remains (other than cremated remains) in any place except a cemetery.
(This section reference: California Health and Safety Code Sections 7000 et seq. and 10305 et seq.)

Did you know?

Even if you do not specifically provide the money for your preferred final disposition (funeral & burial plan), that disposition has to be carried out if your estate has enough assets to cover it. Remember - Legally these instructions don't have to be in your will. (This section reference: California Health and Safety Code Sections 7000 et seq. and 10305 et seq.)

Legal Rights to Home Funerals

US Map Many people do not know is that it is legal for them to take their loved ones home (in their own car) and to keep them (if cooled) for a number of days. Currently home funeral is legal in 45 states. Also, many people do not realize that embalming is not mandatory for burial and that it is actually a dangerous toxin for the environment.

Legally, you can take your own dead
home with you as long as you get the proper permit for transporting, and follow approved procedures for cooling, and length of time before burial. Even a home burial is not illegal in some states and counties.

Legal Rights to Your Wishes
You can leave instructions about your funeral and burial in your will. They must immediately carried out even if the will itself may not be valid for some reason, as long as you also provide for paying whatever expenses are required. Obviously, if your will is going to go through probate, the final arrangements will not have to wait for court proceedings

Backyard Burial You have a right to dispose of your own body and to have whatever ceremonies you want, as long as you provide the money.If you don't leave any instructions or you don't provide financing, other people will be in charge (in this order): an agent under a healthcare power of attorney; your husband or wife; your children; your parents; or your brother and sisters. These persons, except for the agent under the power of attorney, actually have a legal duty to provide a "decent and respectful" disposition of your remains based on what would be appropriate for people with your social standing and lifestyle (of course, always assuming your estate is sufficient to pay for it).

If the person will power of disposition fails to take care of things within a reasonable time, the next person in line may step in, but the person who fails in his duty may be liable to the person who steps in for treble the expenses that person incurs.