What Are the Burial and Cremation Laws in Mississippi?
See who controls final arrangements, cremation and burial rules, and permit requirements in Mississippi.
Frequently Asked Questions
Mississippi allows burial on private property. Home burial on private property is permitted. The county board of supervisors, upon petition and request, may establish or designate the location of a private family cemetery in the county (§ 41-43-1(2)). New cemeteries may not be located within 500 yards of a hospital or overnight medical facility without written approval from the board of supervisors (or municipal governing authorities inside city limits) (§ 41-43-1(1)). Property owners should document the burial location by drawing a map and filing it with the property deed. Must comply with local zoning ordinances and health regulations.
Mississippi 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 consent from next of kin or legally authorized person per § 73-11-73; written acknowledgment from person entitled to control disposition per § 73-11-71.
No. Natural organic reduction (human composting) is not currently authorized in Mississippi.
No. Alkaline hydrolysis (water cremation) is not currently authorized in Mississippi.
Mississippi sets a statutory order for who controls the disposition of remains (Miss. Code Ann. § 73-11-58): Person designated by decedent in a Self-Directed Disposition Authorization document per § 73-11-58(1) (supersedes all below), then Person designated by decedent under federal law (DD Form 93) if decedent died during military service (§ 73-11-58(1)(a)), then Surviving spouse (§ 73-11-58(1)(b)), 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. Mississippi does not require embalming by law. Embalming is not required by state law (15 Miss. Admin. Code Pt. 5, Sub. 85, § 4.7.1). However, a body must be buried, cremated, or otherwise disposed of within 48 hours of death unless it is embalmed or kept under refrigeration, and must be embalmed or refrigerated if transportation will exceed 24 hours from death (15 Miss. Admin. Code Pt. 5, Sub. 85, § 4.6.3). No funeral establishment shall embalm a body without the prior written or oral consent of next of kin or authorizing agent (§ 73-11-73(3)).
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Mississippi Estate Planning Resources
In-depth guides covering Mississippi probate laws, trust requirements, and estate planning strategies.
