What Are the Burial and Cremation Laws in Texas?
See who controls final arrangements, cremation and burial rules, and permit requirements in Texas.
Frequently Asked Questions
Texas allows burial on private property. Texas does not broadly prohibit burial on private property, but § 711.008 imposes distance restrictions from municipalities based on population size (1-5 miles depending on city population). Family cemeteries on multi-generational family land may be exempt. Local zoning ordinances apply. A burial-transit permit is required.
Texas has a 48-hour minimum waiting period before cremation. Cremation must be authorized by Signed cremation authorization form from an authorizing agent with legal right to control disposition per § 711.002, plus a death certificate or death record indicating the remains may be cremated (§ 716.051).
No. Natural organic reduction (human composting) is not currently authorized in Texas.
No. Alkaline hydrolysis (water cremation) is not currently authorized in Texas.
Texas sets a statutory order for who controls the disposition of remains (Tex. Health & Safety Code § 711.002(a)): Person designated in a written instrument signed by the decedent, then Surviving spouse of the decedent, then Any one of the surviving 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. Texas does not require embalming by law. No Texas statute requires embalming. The FTC Funeral Rule prohibits funeral homes from claiming embalming is required by law. Refrigeration is an alternative for preservation. Embalming may be required by individual funeral homes as a condition of viewing services.
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Texas Estate Planning Resources
In-depth guides covering Texas probate laws, trust requirements, and estate planning strategies.
