Burial & Cremation Laws in Massachusetts

Each state has laws affecting what happens to a body after death. For example, most states have unique rules about embalming, burial or cremation, scattering ashes, and how to get a death certificate. Here are some answers to common questions about post-death matters in Massachusetts.

• How do I get a death certificate in Massachusetts?
• Who can order a death certificate in Massachusetts?
• Is embalming required in Massachusetts?
• In Massachusetts, is a casket necessary for burial or cremation?
• In Massachusetts, do I have to buy a casket from the funeral home?
• Where can bodies be buried in Massachusetts?
• Where can we store or scatter ashes after cremation in Massachusetts?

How do I get a death certificate in Massachusetts?

In Massachusetts, a death must be registered with the local board of health within five days. (Mass. Gen. Laws 46 § 6.) Typically, the funeral home, mortuary, or crematory will prepare and file the death certificate. The easiest way to get copies of a death certificate is to ask this organization to order them for you at the time of the death.

If you're the executor of the estate (in charge of wrapping up the deceased person's affairs), you should ask for at least 10 certified copies. You'll need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable on death accounts, veterans benefits, and many others.

If you need to order copies of a death certificate after some time has passed, visit the website of the Massachusetts Department of Health and Human Services. From there, you'll find options for ordering death certificates in person, online, by phone, or by mail.

The first certified copy of a Massachusetts death certificate ranges in cost from $20 (for in-person orders) to $54 (for online or phone orders). Each additional copy ranges in cost from $20 to $42.

Who can order a death certificate in Massachusetts?

Unlike most states, there are no restrictions on who may order a certified copy of a death certificate in Massachusetts, and no I.D. is required.

Is embalming required in Massachusetts?

Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Though it is still a common procedure, embalming is rarely necessary; refrigeration serves the same purpose.

Massachusetts law does not require embalming under any circumstances.

In Massachusetts, is a casket necessary for burial or cremation?

A casket is often the single greatest expense incurred after a death. The average cost of a casket is more than $2,000, and the price can run into the $10,000-$20,000 range for more elaborate designs and expensive materials. Whether due to the cost or for other reasons, some people prefer to forgo a casket altogether.

Burial. No law requires a casket for burial. However, you should check with the cemetery; it may have rules requiring a certain type of container.

Cremation. No law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.

In Massachusetts, do I have to buy a casket from the funeral home?

No. Federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. You may also build your own casket, if you prefer.

Where can bodies be buried in Massachusetts?

Most bodies are buried in established cemeteries, but burial on private property may be possible in Massachusetts. Before conducting a home burial or establishing a family cemetery, check with the town board of health for any local laws you must follow. If you bury a body on private land, you should draw a map of the property showing the burial ground and file it with the property deed so the location will be clear to others in the future. You must obtain a burial permit from the board of health before burying a body. (Mass. Gen. Laws 114 § 45.)

Where can we store or scatter ashes after cremation in Massachusetts?

Massachusetts state law says that cremated remains may be "deposited in a niche of a columbarium or a crypt of a mausoleum, buried or disposed of in any manner not contrary to law." If ashes are not claimed within 12 months of cremation, the crematory can have the remains interred or placed "in a common grave, niche, or crypt in a cemetery, or scattered in an area of the cemetery designated for that purpose." (Mass. Gen. Laws 114 § 43M.)

If you wish to scatter ashes, you have many options. Generally, use common sense and refrain from scattering ashes in places where they would be obvious to others.

Scattering ashes in an established scattering garden. Many cemeteries provide gardens for scattering ashes. If you're interested, ask the cemetery for more information.

Scattering ashes on private land. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else's private land, it's wise to get permission from the landowner.

Scattering ashes on public land. You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as in a city park. However, many people simply proceed as they wish, letting their best judgment be their guide.

Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. As with local or state land, however, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, developed areas, campsites, and waterways. You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.

Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.

The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.

For more information, including the contact information for the EPA representative in Massachusetts, see the EPA's page on Burial at Sea.

Scattering ashes by air. While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to people or property. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering.

Other Resources

To learn about the federal rule on funerals, which protects consumers in all states, visit the FTC's Funeral Rule page.

For more information about funeral laws in Massachusetts, see Massachusetts Home Funeral Laws.

To find out more about funerals and other final arrangements, see Nolo's section on Getting Your Affairs in Order.

Get It Together, by Melanie Cullen (Nolo), helps you gather and organize the essential details of your life for yourself and your family.