What Are the Burial and Cremation Laws in Minnesota?
See who controls final arrangements, cremation and burial rules, and permit requirements in Minnesota.
Frequently Asked Questions
Minnesota allows burial on private property. No specific state statute in Chapter 149A or Chapter 306 prohibits home burial on private property. Must comply with local zoning ordinances and health regulations. A disposition permit is required per § 149A.93 before burial. Burial on private property should be recorded in a deed or plat to prevent future disturbance.
Minnesota has no statutory minimum waiting period before cremation. A medical examiner or coroner must authorize the cremation before it proceeds. Cremation must be authorized by Written authorization from person with right to control disposition per § 149A.80; must include deceased's name, date of death, statement authorizing cremation, authorizer's name, address, relationship, signature, certification that the body contains no implanted mechanical or radioactive device, container handling instructions, authorization to reposition remains, and final disposition instructions (§ 149A.95, subd. 4).
Yes. Natural organic reduction (human composting) is legal in Minnesota.
Yes. Alkaline hydrolysis (water cremation) is legal in Minnesota.
Minnesota sets a statutory order for who controls the disposition of remains (Minn. Stat. § 149A.80): Person appointed in a dated, signed written instrument (including health care directive); witnessed or notarized instruments prevail over unwitnessed, then Surviving spouse, then Surviving adult children (majority rules), 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. Minnesota does not require embalming by law. Embalming is not universally required but the body must be embalmed, refrigerated, or packed in dry ice under specific conditions per § 149A.91, subd. 3(a): (1) public transportation of the body, (2) if final disposition will not occur within 72 hours after death or release of the body, (3) when the deceased will be publicly viewed, or (4) if the commissioner of health orders it for disease control. Refrigeration limited to 6 calendar days (extends to 14 calendar days effective Aug. 1, 2026 per 2026 Minn. Laws ch. 127, art. 1, secs. 40-41) and dry ice limited to 4 calendar days from release by authorities. Dry ice may only be used when body is publicly viewed within private property (subd. 3(b)).
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Minnesota Estate Planning Resources
In-depth guides covering Minnesota probate laws, trust requirements, and estate planning strategies.
