Burial & Cremation Laws in Mississippi

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 Mississippi.

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

How do I get a death certificate in Mississippi?

In Mississippi, a death must be registered with the Office of Vital Records Registration of the Department of Health within five days. (15.5.85 Miss. Admin. Code Rule 4.5.1.) Typically, the funeral home, mortuary, cremation organization, or other person in charge of the deceased person's remains will prepare and file the death certificate. The easiest way to get copies of a death certificate is to ask this person or 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 Mississippi State Department of Health. From there, you can find instructions for ordering death certificates by mail, online, by phone, or in person.

You must provide a copy of a valid ID, such as a government-issued photo ID, at the time you order the death certificate. The first certified copy of a Mississippi death certificate costs $17; additional copies are $6 each.

Who can order a death certificate in Mississippi?

In Mississippi, anyone who can show they have a "legitimate and tangible" interest in a death certificate may order a certified copy of the record, including:

• a member of the deceased person's immediate family (spouse, parents, grandparents, siblings, children or grandchildren)
• the deceased person's legal guardian
• the legal representative of one of the people named above
• Mississippi adoption agencies or state or local government agencies
• someone who needs the death certificate to prove a personal or property right.

For more information, see 15.5.85 Miss. Admin. Code Rules 2.1.3 and 2.1.4.

In Mississippi, who completes the death certificate?

The funeral home, mortuary, or crematory prepares the death certificate for filing, but the cause of death portion of the death certificate must be completed by a medical professional. Specifically, the physician who was in charge of the deceased person's care certifies the cause of death if the death does not affect the public interest. If the death does affect the public interest, there is doubt as to the cause of death, or if the attending physician refuses to complete the death certificate, then the medical examiner completes the death certificate.

(15.5.85 Miss. Admin. Code Rule 4.2.1.)

Is embalming required in Mississippi?

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.

In Mississippi, a body must be either embalmed or refrigerated if:

• final disposition does not occur within 48 hours of death, or
• the body will be transported within or outside of the state and the destination can't be reached within 24 hours of the death.

(15.5.85 Miss. Admin. Code Rule 4.6.3.)

In Mississippi, 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. See Mississippi Department of Health Rule 4.7.1. 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 Mississippi, 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 Mississippi?

Most bodies are buried in established cemeteries, but burial on private property is possible in Mississippi. 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.

Mississippi state law authorizes the county board of supervisors to grant permission to establish private family cemeteries. (Mississippi Code § 41-43-1.)

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

In Mississippi, there are no state laws controlling where you may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or container at home. 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 Mississippi, 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 Mississippi, see Mississippi 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.