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Lifestyle
A photo of a tombstone shutterstock.com / Vampiresse

My dad died and mom wants a DIY funeral, planning to bury him in our own backyard. Is this legal and how do we go about it?

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One popular option is direct cremation, which averages $2,203. Last year, the National Funeral Directors Association projected a 63.4% cremation rate relative to the 31.6% burial rate.

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Direct cremation isn’t just cheaper. It allows people to keep the dearly departed nearby — in urns, jewelry, scattered in the backyard, or elsewhere. Scattering cremated remains on one’s own private property is legal across the U.S.

Another less common option is a home burial. Imagine Drew, whose father Richard is dying. His mother Dorothy has been caring for Richard at home in rural New York and when the time comes, wants to bury her husband in the backyard under a beautiful maple tree.

Drew is worried whether such a home burial is legal and, even if it is, how to go about it. Here are some things to consider.

Dig into local laws before digging a backyard grave

Every state has its own laws around home funerals. Home burials are outlawed in three states: Washington State, California and Indiana.

Meanwhile, several states (including Connecticut, Louisiana, Michigan, Nebraska and New York) allow home burials, but require a licensed funeral director to be involved.

In addition, anyone planning a home burial must heed the local bylaws related to things like the grave’s proximity to neighboring properties, water sources or utility lines. Houses Law recommends contacting the local planning department to confirm the rules.

The cost of home burials varies widely. According to the nonprofit Funeral Consumers Alliance, the simplest home burial can cost as little as $300. That includes the cost of a death certificate, shroud or box for the human remains, ice to refrigerate the body prior to burial and local transportation.

It doesn’t include the cost of a cremation, casket, celebrant, grave digger or grave marker.

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Rome Monuments designs, builds and installs private mausoleums and grave markers for home burials nationwide. One of their walk-in family mausoleums can cost as much as $100,000.

Then there is the cost of the funeral itself. You may want an intimate, immediate family affair. Alternatively, you may want to invite extended family and friends.

There’s another thing to consider: home resale value. Michigan-based law firm Kershaw, Vititoe & Jedinak, PLC warns that future buyers could be put off by the idea of a buried body (or bodies) on the property — especially if there’s a perpetual land grant that limits development.

Home burials may be better options for people who intend for that the property stay in the family for generations to come.

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Home burial how-to

Let’s say Drew and his mother choose to go ahead with the home burial. It’s good to organize the details as early as possible and know what to do when the time comes.

The nonprofit Home Funeral Alliance has a detailed guidebook on every aspect of a home burial. This includes such steps as:

  • Obtaining a death certificate with the help of a nurse or doctor
  • Hiring a funeral director as required
  • Alerting friends and family of the death and plans for home burial
  • Bathing and dressing the body (If the burial takes place more than 24 hours after death, you may need to preserve the body, for example, by refrigeration or embalming.)
  • Transporting the body home (If the body has to be flown home, a funeral director will need to arrange the flight via a recognized shipper. Alternatively, the body can be cremated, and the cremated remains would be flown home via the U.S. Postal Service.)
  • Locating and preparing a burial site on your property.

Drew’s mother wants to bury Richard under a tree at home — essentially a green burial. That means they won’t be able to embalm Richard’s body as embalming chemicals could harm the tree. They could bury his body under a biodegradable cotton shroud or biodegradable box.

They could also opt for a direct cremation and bury his cremated remains under the tree.

While all the considerations around a home burial may be daunting, they allow family and friends to honor a loved one at home at the time of burial and for years to come.

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Laura Boast Senior Reporter

Laura Boast is a Senior Reporter with Moneywise.com and a lifelong content creator who has reached international audiences at Discovery, CBC, Blue Ant Media, Bond Brand Loyalty and more.

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