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. The person designated in a notarial testament or written and notarized declaration
2. The surviving spouse, if neither spouse had a pending divorce petition
3. A majority of the surviving adult children
4. A majority of the surviving adult grandchildren
5. The surviving parents
6. A majority of the surviving adult siblings
7. A majority of the surviving adult persons in the next degrees of kindred

If the decedent left specific directions in a notarial testament or written and notarized declaration, those directions take priority over surviving family preferences. The people in the statutory hierarchy have the right to arrange the funeral goods and services.

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: If a funeral establishment will hold the body longer than 30 hours after death, it must embalm the body or refrigerate it continuously at no more than 45°F. If neither occurs, the body must be buried, cremated, or otherwise disposed of within 30 hours or as soon as possible after release by the proper authorities. Religious practices can provide an exception.
• 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.
• Louisiana does not impose a general 24-hour cremation waiting period. If the death is under coroner jurisdiction, the funeral director must immediately notify the coroner, who issues a cremation permit after the required investigation.

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: Cremation requires a completed and executed burial-transit permit, along with the required authorization and any other state or parish documentation. The funeral home typically obtains and submits the paperwork.

Coroner's review: If the death is under coroner jurisdiction, the coroner issues a cremation permit after investigation. If the investigation reveals suspicious circumstances or a reasonable probability of a crime, the coroner may deny the permit until the post-mortem examination and evidence collection are complete.

No general 24-hour waiting period: Once the required authorization, burial-transit permit, and any coroner permit are complete, cremation can proceed. Louisiana law requires a body to be decently interred or cremated within a reasonable time after death.

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 ordinary home burial: Under La. R.S. 8:652, uncremated remains must be disposed of in a cemetery or a building dedicated exclusively for that purpose after the cause of death is certified. Family burial grounds are a distinct cemetery category.

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: A completed burial-transit permit may be required for transportation and is required for cremation documentation. 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 five 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, plus a $0.50 mail fee; $26.00 per copy from the parish clerk of court). Order at least 5–10 certified copies — every financial institution, insurance company, and government agency may require an original certified copy, not a photocopy.

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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