What Are the Burial and Cremation Laws in North Dakota?
See who controls final arrangements, cremation and burial rules, and permit requirements in North Dakota.
Frequently Asked Questions
North Dakota allows burial on private property. N.D. Cent. Code § 23-06-20: "No dead human body may be buried in this state except in a properly registered cemetery or in some other place requested by the relatives and friends of the deceased if the same is authorized by the department of health and human services and all rules and regulations promulgated by the department in that connection have been complied with." A final disposition-transit permit is still required (§ 23-06-07). Cemeteries must be surveyed and the plat recorded with the county recorder, and must register with DHHS (§ 23-06-21, N.D.A.C. § 33-05-01-05).
North Dakota has no statutory minimum waiting period before cremation. Cremation must be authorized by Legal representative(s) of the deceased must sign a cremation authorization permit including decedent information, cause of death, and final disposition instructions (N.D.A.C. § 25-05-01-08). A final disposition-transit permit from the subregistrar is also required before cremation (§ 23-06-07)..
No. Natural organic reduction (human composting) is not currently authorized in North Dakota.
Yes. Alkaline hydrolysis (water cremation) is legal in North Dakota.
North Dakota sets a statutory order for who controls the disposition of remains (N.D. Cent. Code § 23-06-03(1)): Person designated in a written statement per § 23-06-31, then Surviving spouse (if married; not arrested for, pled guilty/nolo contendere to, or found guilty of intentionally and feloniously killing decedent; and not admitted to or charged with intentionally and feloniously killing decedent), then Majority of the adult children of the decedent, 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. North Dakota does not require embalming by law. No state statute in Chapter 23-06 or Chapter 43-10 mandates embalming for all deaths. North Dakota DHHS rules may impose embalming or refrigeration requirements for bodies held beyond certain time periods or when death results from communicable diseases. Individual funeral establishments may have their own embalming policies. The FTC Funeral Rule prohibits requiring embalming without authorization from the family.
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North Dakota Estate Planning Resources
In-depth guides covering North Dakota probate laws, trust requirements, and estate planning strategies.
