What Are the Burial and Cremation Laws in Nebraska?
See who controls final arrangements, cremation and burial rules, and permit requirements in Nebraska.
Frequently Asked Questions
Nebraska allows burial on private property. Nebraska does not have a specific statute prohibiting burial on private property. However, Neb. Rev. Stat. 12-501 restricts cemetery establishment to enumerated entities (state, municipalities, churches, cemetery associations, cemetery districts, fraternal and benevolent societies, etc.), and a cemetery established by any other agency constitutes a nuisance (12-501(3)). Home burial on private land for a single family may be permissible but should comply with local zoning ordinances and health regulations. Interment must be performed under the direct supervision of a licensed funeral director and embalmer (71-605(8)).
Nebraska has no statutory minimum waiting period before cremation. Cremation must be authorized by Authorizing agent (person with right of disposition per 30-2223; see 71-1373) must sign cremation authorization form (71-1377); county attorney (or authorized representative) of the county where death occurred must electronically sign a cremation permit before cremation may occur (71-605(4)).
No. Natural organic reduction (human composting) is not currently authorized in Nebraska.
No. Alkaline hydrolysis (water cremation) is not currently authorized in Nebraska.
Nebraska sets a statutory order for who controls the disposition of remains (Neb. Rev. Stat. 30-2223): Person designated by decedent via notarized affidavit per 30-2223(2)(a), then Surviving spouse, then Sole surviving child or majority of surviving children, 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. Nebraska does not require embalming by law. No Nebraska statute requires embalming. The Funeral Directing and Embalming Practice Act (Chapter 38, Article 14) regulates the practice of embalming when performed but does not mandate it. Refrigeration is an acceptable alternative. If remains are held at a crematory without embalming, they must be refrigerated if held more than 24 hours from death (71-1374).
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Nebraska Estate Planning Resources
In-depth guides covering Nebraska probate laws, trust requirements, and estate planning strategies.
