What Are the Burial and Cremation Laws in West Virginia?
See who controls final arrangements, cremation and burial rules, and permit requirements in West Virginia.
Frequently Asked Questions
West Virginia allows burial on private property. No specific state statute prohibits home burial on private property. W. Va. Code § 37-13A protects graves on privately owned lands and requires property owners to provide reasonable ingress and egress to burial sites. Must comply with local zoning ordinances and health regulations. Authorization for final disposition must still be obtained per § 16-5-23.
West Virginia 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 Written permission from person with right of disposition per § 30-6-22A, on form including deceased identity, authorizing person's name and relationship, and designation of who will claim cremains (§ 30-6-21).
No. Natural organic reduction (human composting) is not currently authorized in West Virginia.
Yes. Alkaline hydrolysis (water cremation) is legal in West Virginia.
West Virginia sets a statutory order for who controls the disposition of remains (W. Va. Code § 30-6-22a(b)): Person designated by decedent in a notarized affidavit per § 30-6-22A(b)(1), 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. West Virginia does not require embalming by law. No state law requires embalming. Funeral homes may not represent that embalming is required by law. The FTC Funeral Rule applies — embalming may not be performed without authorization. Refrigeration is an accepted alternative for preservation.
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West Virginia Estate Planning Resources
In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.
