Louisiana Burial and Cremation Laws: What Families Need to Know

Funeral arrangements are typically the first thing a family handles after a death in Louisiana — and most decisions get made within 24 to 48 hours, under significant emotional pressure. Understanding what the law requires and what rights you have as a surviving family member can prevent costly mistakes, disputes with funeral homes, and unnecessary complications with the estate.

Who Controls Funeral Decisions in Louisiana?

Louisiana law establishes a specific hierarchy for who has legal authority over the disposition of remains. Under La. R.S. 8:655, this right of disposition falls to the following, in priority order:

1. Any individual the decedent designated in a written instrument signed before death
2. The surviving spouse
3. Adult children of the decedent (majority decision if multiple)
4. Parents of the decedent
5. Adult siblings (majority decision)
6. Adult grandchildren
7. Grandparents
8. Other relatives in order of relationship

If the decedent left written instructions for their own burial or cremation — whether in a will, a pre-need funeral contract, or a separate signed document — those instructions take priority over surviving family preferences. The funeral home is legally required to follow documented instructions.

If there's no written directive and family members disagree, the hierarchy above determines who has legal authority. A surviving spouse generally controls the decision over the objection of adult children, and so on down the list.

Disposition Timelines

Louisiana law requires that remains be disposed of within a reasonable time. Practically, this means:

• Embalming or refrigeration must begin promptly, usually within 24 hours of death, unless disposition is imminent. Louisiana's embalming laws are governed by the Louisiana State Board of Embalmers and Funeral Directors.
• Remains cannot be held indefinitely without appropriate preservation. Funeral homes typically refrigerate remains if embalming is not chosen.
• There is no specific statutory deadline in days for final disposition (burial or cremation), but delays beyond a few days without proper refrigeration or embalming are not permitted.
• Cremation typically requires a waiting period of 24 hours after death before it can be authorized, allowing time for any investigation if the cause of death is unclear.

Louisiana Cremation Laws

Authorization requirements: Cremation in Louisiana requires written authorization from the person with legal right of disposition (following the hierarchy above). The funeral home will provide this form. Once cremation is authorized and completed, it is irreversible — there is no legal ability to reverse the decision after the fact.

Permit requirement: A burial-transit permit must be issued by the Louisiana Department of Health before cremation can take place. This permit is typically obtained by the funeral home as part of the death registration process.

Coroner's review: If the death is unexpected, unexplained, or occurred under circumstances requiring investigation, the coroner must release the body before cremation can proceed. A coroner's release is standard protocol when a death was accidental, sudden, unwitnessed, or involves any question about cause.

No state waiting period beyond 24 hours: Once the 24-hour period has passed and the coroner (if involved) has released the body, cremation can proceed upon written authorization. There is no mandatory extended waiting period beyond this.

Disposition of cremated remains: Louisiana law permits families to keep cremated remains at home, scatter them (on private property with owner permission, or at sea beyond state waters), or inter them in a cemetery or mausoleum. There is no state law requiring that cremated remains be buried. Scattering on public land, lakes, or rivers requires consideration of relevant regulations — this varies by location.

Louisiana Burial Laws

Cemetery requirements: Traditional burial in Louisiana must take place in a licensed cemetery. Louisiana's humid climate and high water table — particularly in South Louisiana — have historically required above-ground burial in many areas. Many cemeteries in New Orleans and surrounding parishes use above-ground tombs, crypts, and mausoleums rather than in-ground burial, which is often impractical due to flooding risk.

No permit for home burial: Louisiana does not permit home burials on private residential property. Burial must occur in a licensed cemetery.

Green burial: Some Louisiana cemeteries offer natural or green burial sections, allowing burial without embalming and with biodegradable materials. Availability varies by cemetery and region. If this is a priority, contact specific cemeteries in advance to confirm options.

Burial-transit permits: Louisiana requires a burial-transit permit before a body can be transported across parish lines or across state lines. These are typically obtained by the funeral home. If the family is transporting remains across state lines for burial elsewhere, the funeral home coordinates the required documentation.

The FTC Funeral Rule — Your Consumer Rights

Regardless of what Louisiana state law says, the Federal Trade Commission's Funeral Rule applies to all licensed funeral providers nationally, including all Louisiana funeral homes. Key protections:

• General Price List (GPL): The funeral home must give you a printed GPL at the start of any arrangement conference. You cannot be required to purchase a package — you can select individual services.
• No mandatory embalming: Embalming cannot be required unless state law mandates it for the specific circumstances. Louisiana does not mandate embalming in most cases.
• Phone price disclosure: If you call a funeral home and ask for prices, they must disclose prices over the phone.
• Casket markup: If you purchase a casket elsewhere (e.g., online or from a third-party retailer), the funeral home cannot refuse to use it or charge a handling fee that isn't disclosed on the GPL.

If a funeral home violates the FTC Funeral Rule, complaints can be filed with the FTC at ftc.gov.

Louisiana State Board of Embalmers and Funeral Directors

The Louisiana State Board of Embalmers and Funeral Directors licenses and regulates funeral directors, embalmers, funeral homes, and crematories in Louisiana. If you believe a funeral home acted improperly — overcharged without disclosure, failed to follow the decedent's written instructions, or mishandled remains — complaints can be filed with the Board.

Contact: Louisiana State Board of Embalmers and Funeral Directors, 3500 N. Causeway Blvd., Suite 1232, Metairie, LA 70002.

Death Certificates and Funeral Arrangements

The funeral director is responsible for completing and filing the death certificate with the Louisiana Department of Health within a specified timeframe (typically 3–5 days). As part of this process:

• The funeral director gathers vital statistics from the family (decedent's full legal name, Social Security Number, parents' names, last occupation, etc.)
• A physician, coroner, or medical examiner certifies the cause of death
• The completed death certificate is registered with the state

The funeral director can also order certified copies of the death certificate on your behalf at the state rate ($7.00 per copy from the state; $26.00 per copy from the parish clerk of court). Order at least 8–10 certified copies — every financial institution, insurance company, and government agency requires original certified copies, not photocopies.

Handling a death in Louisiana requires managing both the immediate logistics of funeral arrangements and the longer process of settling the succession estate. The Louisiana Estate Settlement Guide covers the full picture — from the first 48 hours through final asset distribution — with checklists built specifically for Louisiana's civil law system.

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