Can You Legally Bury a Loved One in Your Backyard 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

Only 6 Women Are On Death Row In Texas. Here's A Look At Their Crimes.

**This story has been updated to reflect the current status of Melissa Lucio, who is scheduled to be executed on April 27th, 2022.**

**UPDATE 4/25/22: An appeals court has delayed the Texas execution of Melissa Lucio so a lower court can review her case.

Texas has the most active death chamber nationwide.

Currently, four inmates are scheduled for execution in 2022, including Melissa Lucio. She is the only woman on the current schedule.

The six women on death row in Gatesville, Texas have been incarcerated for an average of almost two decades. Continue scrolling to see their stories.

Gallery Credit: Tamme Taylor

The 17 East Texans Who are Currently Sitting on Death Row

Although dates for execution have not yet been set, some of those East Texans on this list have been there for a long time--surprisingly long, actually.

Gallery Credit: Tara Holley

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