HomeFuneral laws by stateLouisiana
Funeral and burial laws in Louisiana
What Louisiana law actually requires when someone dies, and what it does not. Most of what families are told is required is funeral home policy rather than law, and the difference is worth thousands of dollars. Each rule below names the statute or regulation it comes from, and where we could not verify a point we say so instead of guessing.
- No state requires embalming in every case. Federal law, the FTC Funeral Rule, forbids a funeral home from telling you it does.
- No state law requires a casket for cremation, and the funeral home must offer an alternative container. Vault requirements come from cemeteries, not statutes.
- Checked against the sources at the bottom of this page on 2026-09-07. Laws change. Confirm any hour threshold with the funeral home or the state board before relying on it.
Is embalming required in Louisiana?
If a body is to be held by the funeral establishment longer than 30 hours after death, it must be embalmed or refrigerated continuously at not more than 45°F (La. R.S. 37:848(D)(2)); a body that is neither embalmed nor refrigerated must be buried, cremated or otherwise disposed of within 30 hours after death or as soon as possible after release by authorities (La. Admin. Code tit. 51, § XXVI.103). A body may not be transported outside Louisiana more than 24 hours after death unless it has been embalmed or cremated (LAC 51:XXVI.103). Exceptions exist for religious beliefs that prohibit embalming, donation to medical science and organ transplant. Only a licensed embalmer may embalm (§ 37:848(D)(1)).
How long can you wait before burial or cremation in Louisiana?
30 hours after death to bury, cremate, embalm or refrigerate at 45°F or below (La. R.S. 37:848(D)(2); LAC 51:XXVI.103); 24 hours for unembalmed out-of-state transport.
Can you bury someone on private land in Louisiana?
Prohibited on ordinary private land. Except for cremated remains, human remains may not be disposed of 'in any place other than a cemetery or a building dedicated exclusively for such purposes' and must be decently interred within a reasonable time (La. R.S. 8:652(A)). A 'family burial ground', defined as a cemetery in which no lots are sold to the public and interments are restricted to relatives by blood or marriage (La. R.S. 8:1), may be established on private land subject to parish zoning and Louisiana Cemetery Board (Title 8) requirements; FCA reports the Board has family-burial-ground application forms. A burial-transit permit from the local registrar is still required (La. R.S. 40:52). Two feet of soil cover unless a vault or lawn crypt is used.
Even where state law allows it, the county or town usually has the last word through zoning, and a burial on private land should be recorded against the deed so a future buyer knows. A family burial ground can also complicate a later sale.
Can the family handle it without a funeral director?
No. Louisiana requires a licensed funeral director, 'Every dead human body shall be disposed of and prepared through a funeral establishment and under the supervision of a licensed funeral home or embalmer' (La. R.S. 37:848(D)(5)), and the 'funeral director or person acting as such' who prepares and files the death certificate is defined as a licensed funeral director or embalmer (La. R.S. 40:32, 40:49). The funeral director files the death certificate, obtains the burial-transit permit, transports remains in a closed container (LAC 46:XXXVII.1501), and delivers the body to the crematory, which may cremate only remains delivered by a funeral establishment (La. R.S. 37:877(B)). Families may participate under that supervision.
Death certificate and permits in Louisiana
Filing the death certificate
Filed with a registrar within five days after death and before interment, cremation, removal or other disposition (La. R.S. 40:47); prepared and filed by the funeral director or person acting as such (La. R.S. 40:49). The attending physician returns the medical certification within 24 hours; the coroner within 48 hours of taking the case.
Burial or transit permit
A burial-transit permit issued by the local registrar is required before a body may be interred, deposited in a vault or tomb, removed from the state, cremated or otherwise disposed of (La. R.S. 40:52); the funeral director obtains it after the death certificate is filed. A family member cannot obtain it. Removal from the continental United States also requires a death certificate completed by the parish coroner or physician.
Cremation waiting period in Louisiana
No waiting period in statute (La. R.S. 37:876 and 37:877 read; none). A crematory may cremate only when the remains are delivered by the funeral establishment and it holds (1) a cremation authorization form signed by the authorizing agent, (2) a completed burial-transit permit, and (3) any other documentation or permits required by the state or parish (La. R.S. 37:877(B)). Authorizing-agent priority, person designated in a notarial testament or notarized declaration, spouse with no pending divorce, majority of adult children, majority of adult grandchildren, parents, majority of adult siblings, next degree of kindred; the coroner may release remains to an interested person to act as agent (La. R.S. 37:876; 8:655). FCA reports a parish coroner's cremation permit (about $50) is customarily required; that requirement was not found in La. R.S. 13:5713-5715 and is unverified.
Caskets and vaults
No Louisiana law requires a casket or vault for burial or cremation. The funeral director must transport remains in a closed container (LAC 46:XXXVII.1501). The Board's attempt to limit casket sales to licensed funeral directors was struck down (St. Joseph Abbey v. Castille, 712 F.3d 215 (5th Cir. 2013)).
Scattering ashes in Louisiana
No Louisiana statute restricts where cremated remains are kept or scattered; La. R.S. 8:652's cemetery-only rule expressly excludes cremated remains, and the manner of disposition is chosen by the person holding the right of disposition under La. R.S. 8:655 (La. R.S. 37:877). Own land is allowed; get consent for others' land; check parish and municipal rules for public land; the federal EPA rule (3 nautical miles) applies at sea.
At sea, federal rules apply everywhere. The EPA allows scattering at least three nautical miles from shore and asks for a report within 30 days. Inland waters follow the state.
Your rights under the FTC Funeral Rule, in every state
Whatever Louisiana adds, federal law requires any funeral home to give you an itemised price list before you agree to anything, to quote prices over the phone if you ask, to let you buy only the items you want rather than a package, and to accept a casket or urn bought elsewhere without a handling fee. It also forbids claiming that embalming, a casket for cremation, or a vault is required by law when it is not.
What a funeral costs in Louisiana
The rules above decide what you must do. The Louisiana cost page shows what it costs, line by line, with the cemetery charges most estimates leave out. Burial insurance is written to cover exactly that figure, and for most people over 50 it asks health questions rather than requiring an exam.
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Is embalming required in Louisiana?
If a body is to be held by the funeral establishment longer than 30 hours after death, it must be embalmed or refrigerated continuously at not more than 45°F (La. R.S. 37:848(D)(2)); a body that is neither embalmed nor refrigerated must be buried, cremated or otherwise disposed of within 30 hours after death or as soon as possible after release by authorities (La. Admin. Code tit. 51, § XXVI.103). A body may not be transported outside Louisiana more than 24 hours after death unless it has been embalmed or cremated (LAC 51:XXVI.103). Exceptions exist for religious beliefs that prohibit embalming, donation to medical science and organ transplant. Only a licensed embalmer may embalm (§ 37:848(D)(1)).
Can you bury someone on your own property in Louisiana?
Prohibited on ordinary private land. Except for cremated remains, human remains may not be disposed of 'in any place other than a cemetery or a building dedicated exclusively for such purposes' and must be decently interred within a reasonable time (La. R.S. 8:652(A)). A 'family burial ground', defined as a cemetery in which no lots are sold to the public and interments are restricted to relatives by blood or marriage (La. R.S. 8:1), may be established on private land subject to parish zoning and Louisiana Cemetery Board (Title 8) requirements; FCA reports the Board has family-burial-ground application forms. A burial-transit permit from the local registrar is still required (La. R.S. 40:52). Two feet of soil cover unless a vault or lawn crypt is used.
Do you need a funeral director in Louisiana?
No. Louisiana requires a licensed funeral director, 'Every dead human body shall be disposed of and prepared through a funeral establishment and under the supervision of a licensed funeral home or embalmer' (La. R.S. 37:848(D)(5)), and the 'funeral director or person acting as such' who prepares and files the death certificate is defined as a licensed funeral director or embalmer (La. R.S. 40:32, 40:49). The funeral director files the death certificate, obtains the burial-transit permit, transports remains in a closed container (LAC 46:XXXVII.1501), and delivers the body to the crematory, which may cremate only remains delivered by a funeral establishment (La. R.S. 37:877(B)). Families may participate under that supervision.
How long do you have to wait for a cremation in Louisiana?
No waiting period in statute (La. R.S. 37:876 and 37:877 read; none). A crematory may cremate only when the remains are delivered by the funeral establishment and it holds (1) a cremation authorization form signed by the authorizing agent, (2) a completed burial-transit permit, and (3) any other documentation or permits required by the state or parish (La. R.S. 37:877(B)). Authorizing-agent priority, person designated in a notarial testament or notarized declaration, spouse with no pending divorce, majority of adult children, majority of adult grandchildren, parents, majority of adult siblings, next degree of kindred; the coroner may release remains to an interested person to act as agent (La. R.S. 37:876; 8:655). FCA reports a parish coroner's cremation permit (about $50) is customarily required; that requirement was not found in La. R.S. 13:5713-5715 and is unverified.
Does Louisiana law require a casket or a vault?
No Louisiana law requires a casket or vault for burial or cremation. The funeral director must transport remains in a closed container (LAC 46:XXXVII.1501). The Board's attempt to limit casket sales to licensed funeral directors was struck down (St. Joseph Abbey v. Castille, 712 F.3d 215 (5th Cir. 2013)).
Sources cited
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