What Are the Burial and Cremation Laws in New Mexico?
See who controls final arrangements, cremation and burial rules, and permit requirements in New Mexico.
Frequently Asked Questions
New Mexico allows burial on private property. No state statute prohibits burial on private property. New Mexico has no statewide statute or administrative rule setting grave depth, grave dimensions, or setback distances from property lines or water sources; counties and municipalities may impose zoning, platting, or health requirements, so check with the county clerk before burying on private land. The death certificate must be filed before final disposition (§ 24-14-20), and a burial-transit permit issued by the state or local registrar is required if disposition is performed by someone other than a licensed funeral service practitioner or direct disposer (§ 24-14-23).
New Mexico 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 Signed authorization by the authorizing agent — the person with disposition authority per § 24-12A-1/§ 24-12A-2 or personal representative under a will (16.64.10.8(A) NMAC). Cremation permit must be issued by the Office of the Medical Investigator (OMI) per § 24-14-23(E)..
No. Natural organic reduction (human composting) is not currently authorized in New Mexico.
No. Alkaline hydrolysis (water cremation) is not currently authorized in New Mexico.
New Mexico sets a statutory order for who controls the disposition of remains (NMSA 1978 § 24-12A-2): Decedent's own written instructions per § 24-12A-1 (signed statement, notarized or witnessed by two persons, or express statement in the will), then Surviving spouse, then Majority of surviving adult 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. New Mexico does not require embalming by law. Embalming is not required by state law (§ 61-32-20(B)). However, all dead human bodies not disposed of within 24 hours after death, release, or receipt by the establishment or crematory must be embalmed or stored under refrigeration as determined by board rule (§ 61-32-20(A)); refrigeration must not exceed 40 degrees Fahrenheit (16.64.4.12 NMAC). Embalming may only be performed by a licensed funeral service practitioner, embalmer, or funeral service intern under supervision. Embalming case reports must be completed within 24 hours and retained for seven years.
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New Mexico Estate Planning Resources
In-depth guides covering New Mexico probate laws, trust requirements, and estate planning strategies.
