Can You Bury Someone on Your Property in Louisiana?

The short answer is yes — Louisiana law does allow burial on private property. But the legal process to get there is far more demanding than most families expect, and the consequences for the land are permanent. Before you commit to this path, you need to understand exactly what the law requires and what you'll be giving up.

What Louisiana Law Actually Says

Louisiana does not permit informal, unregulated home burial. Under La. R.S. 8:1(22), the only legal mechanism for burying someone on private land is establishing a formally recognized Family Burial Ground — a distinct legal category administered by the Louisiana Cemetery Board.

A Family Burial Ground is restricted to blood relatives or relatives by marriage. You cannot establish one for a close friend or domestic partner who isn't legally married to a family member. The land must be dedicated exclusively and permanently to burial use.

This is not a permit you apply for and receive in a few days. It is a formal legal proceeding, and if your application is incomplete after 180 days, it is automatically void — and the $250 filing fee is forfeited.

The Full Louisiana Cemetery Board Application

To establish a Family Burial Ground, you must submit an application to the Louisiana Cemetery Board with all of the following:

1. Certified property title or lease authorizing the cemetery Certified evidence of title or a lease authorizing the operation of a cemetery on the property.

2. Mortgage certificate showing no mortgages, liens, or encumbrances for the past 10 years The mortgage certificate must show that the property has been free and clear of all mortgages, liens, and encumbrances for the past 10 years.

3. Zoning certificate Confirmation from the relevant parish or municipal authority that the proposed burial ground complies with local zoning ordinances. Some parishes have zoning restrictions that will simply prohibit this use regardless of state law.

4. Survey or map of the proposed burial ground A survey, plan, or map showing the boundaries of the proposed burial area within your property.

5. Act of Dedication A formal legal instrument — typically prepared by an attorney — dedicating the land permanently to burial use and filed in the parish conveyance records. This is not a simple form you fill out yourself.

6. Filing fee: $250 If the application remains incomplete after 180 days, it becomes void and the $250 fee is forfeited.

The Permanent Property Consequence

This is the part that catches families off guard, and it deserves to be stated plainly: once land is dedicated as a Family Burial Ground under Louisiana law, the Act of Dedication permanently encumbers the title.

The dedication is not easily undone if you later change your mind, sell the property, or need it for another use. The title remains legally encumbered, and this has real, lasting consequences:

• Future sale of the property becomes more complicated — buyers must accept the burial ground, and many will not
• Commercial farming or other uses of that portion of land may be severely limited
• Development on or near the burial ground may be severely limited
• The encumbrance remains tied to the title and can affect future owners and access to the burial ground

Before dedicating land, consult an attorney and consider carefully whether this commitment makes sense for a specific parcel you plan to keep in the family indefinitely. It is not the right choice for a family farm with uncertain succession, or for land you may eventually need to sell.

A Funeral Director Is Still Required

Even if you establish a valid Family Burial Ground on your own property, you cannot handle the burial yourself from start to finish. Under La. R.S. 37:848, every disposition of human remains in Louisiana must be handled through a licensed funeral establishment.

This means:

• A licensed funeral director must handle the paperwork (death certificate filing, burial permit)
• The body must be transported by a licensed funeral establishment
• The burial transit permit must accompany the body to the burial site and is only obtainable by a licensed funeral director — private citizens cannot obtain this permit under Louisiana Administrative Code

You will have more control over where your loved one is buried, but you will not eliminate the need for a licensed funeral home. Budget for those costs accordingly.

Practical Considerations Before You Decide

A Family Burial Ground makes sense for some families and situations. It does not make sense for others. Here is an honest assessment of both sides.

When it might be right:

• You own significant rural acreage that has been in your family for generations and is likely to remain so
• The land is free and clear of any mortgage, and has been for at least 10 years
• You have consulted an attorney about the Act of Dedication and understand the long-term encumbrance
• You want the burial to remain on family land as a matter of deep cultural, religious, or personal significance

When it is probably not right:

• You own a modest residential property that you may need to sell someday
• There is any debt secured by the property
• The zoning in your parish or municipality may not permit burial use
• You are in crisis and need to make a decision quickly — this process takes time

Timeline reality check: Gathering the required documents — certified title or authorizing lease, zoning certificate, 10-year mortgage certificate, survey or map, and Act of Dedication — typically takes weeks or months. If you are facing an immediate death, this is not a path you can complete in time. Louisiana's 30-hour rule (which requires disposition within 30 hours if the body is not embalmed or continuously refrigerated at 45°F or lower) means the burial cannot wait for a lengthy application process. For a current death, you would need to proceed with conventional burial or cremation and consider a future Family Burial Ground for subsequent deaths.

Before You Apply

If you are seriously considering establishing a Family Burial Ground, take these steps first:

1. Check your parish's zoning ordinances before spending money on any other documents. If the zoning prohibits it, nothing else matters.
2. Review your title and mortgage status. Confirm that the mortgage certificate shows no mortgage, lien, or encumbrance on the land for the past 10 years.
3. Consult an attorney about the Act of Dedication and what permanent encumbrance means for your specific situation.
4. Contact the Louisiana Cemetery Board to confirm current requirements before assembling your application.

You can also learn more about how Louisiana regulates burial and cremation generally in our post on Louisiana burial and cremation laws, and the rules around embalming in Louisiana embalming laws.

Get the Complete Guide

The Family Burial Ground application process is one of many areas where Louisiana funeral law is more complicated — and more consequential — than families realize. Understanding your rights before you need them makes a real difference.

Get the complete guide to Louisiana funeral laws and consumer rights to understand your options, avoid costly mistakes, and protect your family through the process.

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