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Is it OK in MS to bury a body in your back yard? Here’s what the law says

Funeral costs are higher than ever, with a full 2025 funeral costing $8,000 in Mississippi, according to the World Population Review. Meanwhile, cremations are much cheaper, but still cost around $2,000. So, what other choices do you have when burying a loved one?

Well, a private home burial on your own property may be an option.

Let’s see if it’s legal first, though:

Is it legal to bury a body in your MS backyard?

Yes, it is legal to bury a body on your own property in Mississippi, although most bodies are buried in cemeteries in the state.

The law says that the county board of supervisors must grant permission to establish private family cemeteries. (Miss. Code § 41-43-1 (2024).)

Here’s what to do if you want to have a home burial:

“If you bury a body in your backyard, 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,” according to Nolo Encyclopedia.

Other things to remember about home burials in Mississippi

Here are more things to remember if you want a home burial:

  • No casket is required, but the body must be in some kind of container
  • Embalming isn’t necessary unless final disposition doesn’t occur within 48 hours of death, orthe body will be transported within or outside of the state and the destination can’t be reached within 24 hours of the death.

Have you or someone you know performed a home burial? Let us know in the comments or email me at cmadden@mcclatchy.com

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Chelsea Madden
The Telegraph
Chelsea is a service journalism reporter who began working for McClatchy in 2022. She was born and raised in Middle Georgia and lives in Forsyth. She attended Wesleyan College for undergrad and a few years after that, went to SCAD for an MFA in writing. Outside of work, Chelsea likes to watch Netflix, read books in the thriller genre and chase her toddler around.
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