What Are the Burial and Cremation Laws in New Hampshire?
See who controls final arrangements, cremation and burial rules, and permit requirements in New Hampshire.
Frequently Asked Questions
New Hampshire allows burial on private property. New Hampshire does not prohibit burial on private property. RSA 289:3 governs cemetery siting: no cemetery may be laid out within 100 feet of a dwelling, schoolhouse, store, or place of business without owner consent, nor within 50 feet of a known water source or state highway right-of-way. Local zoning ordinances may impose additional restrictions. A burial permit is required (RSA 290:5).
New Hampshire 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 Authorizing agent (person with custody and control per RSA 290, as defined in RSA 325-A:1) must sign a cremation authorization form (RSA 325-A:22). The crematory must also receive a completed transit/cremation permit and a delivery receipt form. A medical examiner certificate is required confirming personal inquiry into cause and manner of death (RSA 325-A:18)..
No. Natural organic reduction (human composting) is not currently authorized in New Hampshire.
No. Alkaline hydrolysis (water cremation) is not currently authorized in New Hampshire.
New Hampshire sets a statutory order for who controls the disposition of remains (N.H. RSA 290:16-290:17): Person designated in a written signed document by the decedent (RSA 290:17), then Person designated on DD Form 93 (if decedent died while serving in U.S. armed forces), then Surviving spouse (unless estranged per RSA 290:18), 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. New Hampshire does not require embalming by law. No state law requires embalming. Funeral homes may not represent that embalming is required by law. Refrigeration is an accepted alternative for preservation.
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New Hampshire Estate Planning Resources
In-depth guides covering New Hampshire probate laws, trust requirements, and estate planning strategies.
