What Are the Burial and Cremation Laws in Maine?
See who controls final arrangements, cremation and burial rules, and permit requirements in Maine.
Frequently Asked Questions
Maine allows burial on private property. Me. Rev. Stat. tit. 13, § 1142 permits family burying grounds on private property up to 1/4 acre. The land description must be recorded with the county registry of deeds or town clerk, and the grounds must be substantially marked or enclosed with a fence. Once a person is interred, the land cannot be conveyed and remains a burial place for the family permanently. An easement for access from the nearest public way is implied if surrounding land is sold. A disposition permit from the State Registrar or municipal clerk is still required (tit. 22, § 2843).
Maine has a 48-hour minimum waiting period before cremation. A medical examiner or coroner must authorize the cremation before it proceeds. Cremation must be authorized by Person with custody and control per § 2843-A; medical examiner or medicolegal death investigator certificate required before cremation (tit. 32, § 1405).
Yes. Natural organic reduction (human composting) is legal in Maine.
Yes. Alkaline hydrolysis (water cremation) is legal in Maine.
Maine sets a statutory order for who controls the disposition of remains (Me. Rev. Stat. tit. 22, § 2843-A): Person designated in a written and signed document by the decedent, then Surviving spouse, then Surviving domestic partner, and so on. You can also name your own agent to control your remains in a signed, written document before death. You can record those wishes alongside the rest of your estate plan when you create a revocable living trust.
No. Maine does not require embalming by law. No Maine statute requires embalming. Funeral directors may embalm or refrigerate abandoned remains without authorization (tit. 22, § 2843-A), but embalming is not mandated for any disposition method. Refrigeration is an available alternative for preservation.
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Maine Estate Planning Resources
In-depth guides covering Maine probate laws, trust requirements, and estate planning strategies.
