Burial laws in Texas

Distance limits near cities

Texas Health & Safety Code §711.008 bars establishing a new cemetery inside or near a municipality on a sliding scale: within 1 mile of a town of 5,000–25,000 people, up to 5 miles for cities over 200,000. There is no restriction near towns under 5,000, and cities can grant exceptions by ordinance. The statute sets no statewide setback from dwellings or water sources — those come from county and local rules.

Setting up a family cemetery

A family cemetery of 10 acres or less is exempt from the cemetery-corporation and perpetual-care requirements. No statute requires recording a plat or deed to establish one — recording with the county is best practice, not law, because it protects the graves when the land changes hands. Be aware that a family cemetery permanently encumbers the land: it remains a cemetery under Texas law even after the property is sold.

The paperwork, step by step

A Report of Death must be obtained before moving the body and filed with the local registrar within 24 hours — a copy of it is the legal authority to transport and bury within Texas. The death certificate is due within 10 days, and the person in charge of the burial keeps an interment record. Texas Health & Safety Code §711.002 sets who has the right to control disposition, starting with an appointed agent, then the spouse and adult children.

Moving a grave later

Disinterment requires the written consent of the plot owner and the next of kin under §711.002 — or county court permission when consent can't be obtained — plus a disinterment permit from the state registrar (form VS-271). Family visitation rights survive a land sale: §711.041 guarantees reasonable ingress and egress to visit graves on private land, with the owner allowed to set routes and hours.

Common questions about burial laws in Texas

Can you be buried on private property in Texas?

Home and family-cemetery burial is legal in Texas. Family cemeteries of 10 acres or less are exempt from the state's cemetery-corporation rules (Health & Safety Code §711.021), though distance limits near larger cities and local zoning still apply. Texas law also protects reasonable access (ingress/egress) to private burial grounds for family visitation (Health & Safety Code §711.041).

Do you need a permit to bury someone in Texas?

The death must be reported and registered with the local registrar, and the Report of Death serves as the authority to bury within Texas. A burial-transit permit is only needed for transport out of state, by common carrier, or for cremation.

Do you need a funeral director in Texas?

Texas does not require a licensed funeral director — a family member can complete and file the death certificate with the local registrar's assistance and handle a family-directed burial.