Are Home Burials Illegal in Massachusetts?

One thing I've noticed about Massachusetts residents is they like to hold celebrations on their properties. What I mean by this is I have been to a number of weddings in Massachusetts over the years, where the celebration (both the ceremony and reception) has been on the property of the bride, groom, or one of their family members.

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It Makes Sense to Get Married in Your Yard in Massachusetts 

Getting married in your yard makes sense for a few reasons. Many people may choose to get married on their own property as it holds a special meaning that can't be replicated at another venue. Second, if the property is anything like many other pieces of land in Massachusetts, there's a good chance that it's beautiful and one would one to capture the beauty in photos. Lastly, tying the knot on your own property in Massachusetts can be cost-effective.

From Weddings to Burials in Massachusetts

On the other side of things, one may want to bury a loved one on their property. I could see where someone would do this as they may want to keep the deceased close to home. Perhaps a home burial was a request of the deceased. One may bury a loved one on their property out of convenience. That person wouldn't have to drive to the cemetery if he/she wanted to add flowers/decorate the headstone. Plus, like with weddings, a home burial can be cost-effective. There certainly are advantages to having a loved one buried on your property.

Are Home Burials Legal in Massachusetts? 

There are only three states that outlaw home burial, even if you are the property owner. Those states are California, Indiana, and Washington. It's worth noting that if you plan on opting for a home burial, the first thing you should do is check with your town to find out if there are any specific laws within that town related to home burials.

Some Other Steps are Required Before a Home Burial Can Occur in Massachusetts

Mass.gov notes that home burials are not prohibited in Massachusetts but some steps are required before a home burial occurs. Here's what the website states about Massachusetts home burials:

Home burials are not prohibited by state law, but the decedent’s family must first obtain written approval from the local BOH and the local governing body. A home burial is only possible if the property is under the control of the decedent’s family. Finally, those who do a home burial will need to note the burial on the deed for that property where the body is buried before the property can be transferred, as a home burial is likely to be viewed as a encumbrance on the land.

Whether you live in Boston, Worcester Springfield, or anywhere in Massachusetts chances are you can opt for a home burial without it being illegal. Remember, it's important to check any laws, rules, and regulations with your town and to complete the steps listed on mass.gov's website.