What Are the Burial and Cremation Laws in Michigan?

See who controls final arrangements, cremation and burial rules, and permit requirements in Michigan.

Past the arrangements? Every settlement step that follows.

Frequently Asked Questions

Michigan allows burial on private property. Michigan does not prohibit burial on private property, but local zoning ordinances and county health department regulations may restrict or prohibit home burial. A burial/transit permit (authorization for final disposition) is required (MCL 333.2848). The person in charge of the burial premises must verify authorization accompanies the body (MCL 333.2850).

Michigan has no statutory minimum waiting period before cremation. A medical examiner or coroner must authorize the cremation before it proceeds. Person with disposition authority per MCL 700.3206 must authorize cremation; county medical examiner of the county where death occurred must sign the authorization for final disposition (MCL 333.2848(3)).

No. Natural organic reduction (human composting) is not currently authorized in Michigan.

No. Alkaline hydrolysis (water cremation) is not currently authorized in Michigan.

Michigan sets a statutory order for who controls the disposition of remains (MCL 700.3206): Person designated under U.S. Department of Defense regulations (service members), then Funeral representative designated in writing per MCL 700.3206(2), then Surviving spouse, 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. Michigan does not require embalming by law. No Michigan statute requires embalming. MCL 339.1810 prohibits embalming without authorization from a relative or person entitled to custody. Embalming may proceed without prior authorization only if reasonable efforts to obtain permission fail and more than 48 hours have passed since death (MCL 339.1810, referencing MCL 700.3206-700.3209). Refrigeration is an alternative for preservation.

Michigan requires licensed involvement at two points. MCL 700.3206(1) provides that the handling, disposition, or disinterment of a body must be under the supervision of a person licensed to practice mortuary science in this state. And the death record must be certified by a funeral director licensed under article 18 of the occupational code (or a courtesy licensee under MCL 339.1806a) and filed with the local registrar within 72 hours of death (MCL 333.2843(3)). Practicing mortuary science (which includes funeral directing — supervising burial and disposal of a dead human body) requires an establishment license (MCL 339.1806); Michigan provides no statutory family-member exemption. MCL 333.2848 allows "a funeral director or person acting as a funeral director" to obtain the authorization for final disposition (burial-transit permit), but because the death certificate itself must be certified by a licensed funeral director, a family cannot legally complete the entire disposition unassisted. Practical effect: a licensed funeral director must be engaged for the death-certificate certification and filing even where a family wishes to direct other aspects of the funeral.

Michigan provides a publicly funded option when a family cannot pay for disposition: County indigent burial under the Social Welfare Act (MCL 400.55) and Michigan DHHS State Emergency Relief burial assistance. Eligible veterans may also be interred at no cost through the U.S. Department of Veterans Affairs. Two assistance paths. (1) County indigent burial: MCL 400.55 directs each county to suitably bury a deceased indigent person domiciled in the county when requested by a relative or friend, or a stranger when requested by a public official following an inquest. (2) Michigan DHHS administers burial assistance through its Emergency Relief program when the decedent's estate, mandatory copayments, and other resources are insufficient to pay for burial or cremation; an application for burial assistance must be filed no later than 20 business days after the burial, cremation, or donation takes place. Benefit caps and eligibility are set administratively and change periodically — confirm current amounts with Michigan DHHS at application time. Veteran benefits: federal VA burial benefits (gravesite, opening/closing, perpetual care, government headstone or marker, burial flag, Presidential Memorial Certificate) are available at Michigan's two open VA national cemeteries, Fort Custer National Cemetery (Augusta) and Great Lakes National Cemetery (Holly). Michigan does not operate a VA-grant-funded state veterans cemetery (cem.va.gov).

Michigan Estate Planning Resources

In-depth guides covering Michigan probate laws, trust requirements, and estate planning strategies.