BrainStuff Classics: Could You Legally Bury Someone in Your Backyard?

Home burials are largely a thing of the past, but they're perfectly legal in most states -- once you check a few boxes. Learn how home burials work in this classic episode of BrainStuff, based on this article: https://science.howstuffworks.com/science-vs-myth/afterlife/can-you-bury-someone-your-backyard.htm

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Episode Transcript

Speaker 1 (00:01):
Welcome to Brainstuff, a production of iHeartRadio. Hey brain Stuff,
Lauren Vogel Bomb here with another classic episode from our archives.
In today's we're looking at the albeit slightly morbid, but
legally fascinating topic of home burials. Culturally, they're uncommon in
the US these days, but most states have laws on

(00:24):
the books for how to accomplish them legally and safely.
Hi brain Stuff, Lauren Vogel Bomb Here. A century ago,
when most Americans lived on farms or family land passed
through the generations, it made perfect sense to bury loved
ones close to home. But if you bring up the
subject of a backyard burial today, get ready for some
strange looks. With the rising popularity of natural burials in

(00:48):
both conventional and eco friendly or green cemeteries, it's fair
to ask what's stopping us from bringing the burial process
back home. We were morbidly curious about what it would take,
so we reached out to d Webster, president of the
National Home Funeral Alliance, to learn about the legal and
practical considerations you should take when planning a home burial.
Home burials are completely legal, or at least not explicitly forbidden,

(01:13):
in every state except California, Indiana, Washington, and the District
of Columbia. In DC, it's a space issue, as in
there is no space. In California, it's a different kind
of real estate problem. The concern is that future landowners
could subdivide parcels and accidentally dig up undisclosed graves. According
to California law, anyone who deposits or disposes of any

(01:34):
human remains in any place except a cemetery is guilty
of a misdemeanor and could face jail time or a
fine up to ten thousand dollars. Even if your state
allows home burials, it would be wise to check with
your local zoning board or planning commission before digging. In
some states and individual counties have rules about the minimum
distance the burial plot needs to be from resources like

(01:55):
bodies of water, electrical lines, other buildings, and roads. Those
distances are known as setbacks. In New Hampshire, for example,
plots need to be at least fifty feet that's fifteen
meters away from a known water source and twice that
far from any buildings. One result of these zoning laws
is that it's all but impossible to bury someone in
a suburban backyard. There simply isn't enough space on most

(02:17):
properties to manage the setback restrictions, even if you wouldn't
freak out the neighbors, which brings up an important consideration
property value. As our funeral expert Webster said, having dead
bodies on your property isn't exactly a boon where real
estate is concerned. If you choose to bury a loved
one on your land, you should think of the land
as a multi generational investment, because many folks simply won't

(02:40):
want a piece of property with that kind of history.
But if you own a large enough piece of land
away from roads and nosy neighbors, and if you don't
plan on moving anytime soon, you're free to pick out
a burial plot. A few tips, choose a location far
from any streams or rivers because they can erode and
meander over time, which would put the loved one's remain
at risk. Pick a high point on the property that's

(03:02):
far from the water table, and if possible, choose the
location as part of a long term land conservation plan
to preserve the space for future generations. Once you pick
a location, you will be required to create a special
easement in the deed for your property. An easement provides
for future public access to the gravesite. You don't have
to provide any physical access route like a path or

(03:24):
a road, just a clause and the deed identifying the
location of the burial plot. After your loved one passes away,
the next of kin has the legal right and responsibility
to handle all of the funeral arrangements. However, there are
ten states in which a funeral director must be hired
in order to file the death certificate or in some cases,
remove the body from the hospital. The most restrictive rules

(03:44):
are in New York and Louisiana, where a licensed funeral
director must oversee just about anything concerning the body or
the funeral itself. In most cases, the family has the
right to care for the body at home. If the
burial is performed within twenty four hours of death, you
can skip any requirements for refrigeration or embalming after twenty
four hours. Some states insist on a method of preservation,

(04:05):
particularly if the person died of an infectious disease. The
aforementioned National Home Funeral Alliance lists states individual rules on
their website. If you don't hire a funeral director, it's
the family's responsibility to fill out and file the death certificate.
The doctor's or hospice staff will handle the medical portion,
but you need to fill in a few personal details.
The trickier part can be filing the certificate, which usually

(04:27):
happens at a country clerk or registrar's office. If it's
a Saturday or holiday, or simply after five o'clock, you'll
have to wait. Funeral directors, by the way, can file
electronically twenty four to seven. The good news, says Webster,
is that there are no funeral police. No one's going
to come after you if you miss by a few hours.
It's just a formality that has to be taken care
of when it comes to the actual burial. Several states

(04:49):
require a minimum depth for the body, notes Webster. Only
New Mexico requires the classic six feet or one point
eight meters, and a New Jersey sets the depth at
four feet or one point two meters. In most others circumstances,
there only needs to be between eighteen and thirty inches
that's forty five to seventy six centimeters of soil between
the top of the body and the surface. Even this

(05:09):
depth helps speed decomposition and ensures that the body is
well beyond the smell barrier and therefore safe from scavenging animals. Interestingly,
you don't have to create any kind of official family
cemetery before burying a body on your property. Webster explains
it works in reverse. Essentially, if you put a dead
body on a piece of property, it becomes a cemetery.

(05:29):
This has to do with antidsecration law and cemetery law
that goes way back to Roman times. Once the body
is laid to rest, your last legal responsibility is to
notify your local cemetery trustees or commissioners on the location
of the grave. They'll file that information for the public record,
as with any other cemetery plot. If you're interested in
a home funeral for yourself or a loved one, consider

(05:50):
contacting a home funeral guide in your area. They can
help you navigate local burial laws and create a positive
and family centered end of life experience. Today's episode is
based on the article can you Bury someone in your backyard?
On HowStuffWorks dot Com? Written by Dave Ruse. Brain Stuff
is a production of iHeartRadio in partnership with HowStuffWorks dot

(06:13):
Com and is produced by Tyler Klang four more podcasts
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