Maryland Home Funeral Laws

If you're interested in holding a home funeral for a loved one who has died, you'll need to be aware of the laws that apply. Here is an overview of the rules that govern home funerals in Maryland.

Do You Need a Funeral Director in Maryland?

In all states, it's legal to have your loved one's body at home after they die. Maryland doesn't require you to involve a licensed funeral director in making or carrying out final arrangements. (See, for example, Md. Code Health-Gen., § 4-201 (2024), which defines a "mortician" as a "funeral director, mortician, or other person who is authorized to make final disposition of a body," and Md. Code Health-Gen., § 4-212 (2024), which permits a "mortician" to file the death certificate.)

Who's In Charge of Body Disposition and Funeral Arrangements?

Maryland law determines who has the right to make final decisions about a person's body and funeral services. The responsibility to make your funeral decisions goes to the following people, in order:

• you, if you write down instructions before your death (following the rules below)
• your spouse or registered domestic partner
• your adult child
• your parent
• your sibling
• your grandchild
• a person acting as a representative under an authorization signed by you (other than an authorization made under the rules below)
• your legal guardian, or
• any other person willing to assume the responsibility, including the personal representative of your estate.

(Md. Code Health Occ., § 7-410 (2024).)

If there is more than one member of a class described above—for example, if you have several children or many siblings—any one of them may act on your behalf if he or she confirms in writing that the other members of the class have been notified and no other member of the class objects. In the alternative, a majority of the members of a class—say, two of your three children—may make funeral decisions for you. (Md. Code Health Occ., § 7-410 (2024).)

Making Your Own Document

To make a document appointing someone to carry out your final wishes, you need only write down what you want, then sign the document in front of a witness. The witness must sign the document, too. (Md. Code Health Occ., § 7-410 (2024).)

Note that, if you're in the military, you may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.

Making an Advance Directive

One smart way to name your representative is to make a Maryland advance directive for health care. In your document, you can give your health care agent or another person explicit power to carry out your final arrangements. This saves the trouble of making separate documents for health care decisions and final wishes.

The official Maryland advance directive form contains a space for you to name the person who you want to handle the disposition of your body and funeral arrangements. (Md. Code Health-Gen., § 5-603 (2024).)

For information about making an advance directive, see Living Wills & Medical Powers of Attorney.

To make a Maryland advance directive that appoints your health care agent to carry out your final plans, you can use Nolo's Quicken WillMaker.

Who Pays for Your Funeral Arrangements?

You can plan for how your funeral arrangements will be paid. You can either pay for your plans before you die, or you can set aside money for your survivors to use for this purpose. If you don't do either of these things, and there's not enough money in your estate to pay for funeral goods and services, your survivors must cover the costs.

Must the Body Be Embalmed?

Maryland has no embalming requirements, nor does state law specify a time frame within which you must dispose of the remains.

Refrigeration or dry ice can usually preserve a body for a short time. There are resources available to help you learn to prepare a body at home for burial or cremation. The website of the National Home Funeral Alliance is a good place to start.

If the person died of a contagious disease, you should consult a doctor.

How Do You Get a Death Certificate?

If you won't be using a funeral director to carry out final arrangements, you must complete and file the death certificate yourself. Maryland law requires you to file the death certificate with the Department of Health within 72 hours of the death. (Md. Code Health-Gen., § 4-212 (2024).)

The deceased person's doctor, physician's assistant, nurse practitioner, or medical examiner must complete the medical portion of the death certificate within 24 hours. (Md. Code Health-Gen., § 4-212 (2024).)

Maryland has begun using an electronic death registration system, but you can still use a paper death certificate. You must obtain a blank death certificate from the institution where the person died or, if the person died at home, from the Office of Vital Records. The medical provider or medical examiner will supply the date, time, and cause of death before returning the certificate to you for completion and filing.

You will need certified copies of the death certificate to carry out certain tasks after the death, such as arranging for the disposition of the body and transferring the deceased person's property to inheritors. You might be able to file the death certificate and get certified copies on the same day. If not, you will have to make a return trip to pick up the copies. Be prepared to pay a small fee for each copy.

How Do You Get a Permit to Transport the Body?

In Maryland, a copy of the death certificate that is designated as a "burial-transit permit" and that has been signed by a doctor or medical examiner serves as a burial-transit permit. This document allows you to move the body to prepare it for final disposition. (Md. Code Health-Gen., § 4-215; Md. Code Regs. 10.03.01.06 (2024).)

For example, if someone dies outside the home, this authorization would be necessary to bring the body home for care. Or, if someone dies at home, permission is necessary to move the body to a location away from home for burial or cremation.

The cemetery manager, crematory manager, or other person in charge of final disposition must sign and file the permit with the Maryland Department of Health within 10 days after disposal of the remains. (Md. Code Health-Gen., § 4-215 (2024).)

Is It Legal to Bury Someone on Private Property?

Maryland requires that bodies be buried in an established cemetery, a family burial plot, or other area allowed by a local ordinance. (Md. Code Health-Gen., § 5-514 (2024).)

Before establishing a family cemetery, check with the county health department and the county or town clerk for any local laws you must follow.

What Are Maryland's Cremation Laws?

Some crematories require that you use a funeral director to arrange cremation. If you don't want to use a funeral director, make sure the crematory is willing to accept the body directly from the family. Before cremating a body, a crematory must have a burial-transit permit and a cremation authorization form. The crematory also must wait 12 hours before cremating the body. (Md. Code Health-Gen., § 4-215; Md. Code Regs. 09.34.08.07 (2024).)

For more information about cremation, including information on scattering ashes, see Burial and Cremation Laws in Maryland.

Getting Help With Home Funerals

Even the staunchest home funeral advocates know that learning to care for one's own dead can be difficult, especially during a time of grief. If you need help, people are available to coach you through the process. You can find local guides, consultants, and other resources by visiting the National Home Funeral Alliance website.

For more information about final arrangements and documenting your final wishes in advance, see Nolo's section on Getting Your Affairs in Order.