Can You Be Buried Without a Casket? (States Comparison)

Have you ever wondered about being buried without a casket? I’m answering all kinds of burial questions today. It’s about burial without embalming and what a grave is called when there isn’t a body present. Have you ever wondered why they cover the legs in a casket? The simple answer of lighting and time efficiency may surprise you. Let’s delve into your questions about burial.

Can You Be Buried Without A Casket?

Each state has laws surrounding death, burial, and cremation. For example, states may differ about where you can spread cremated remains or timeframes surrounding embalming. However, no state law exists requiring burial in a casket or vault.

There is a general public misconception that laws require burial containers and vaults. But, in actuality, cemeteries enforce their regulations regarding caskets and burial vaults, even when no specific law exists.

Can You Be Buried Without a Casket

In natural cemeteries, you can be buried directly in the ground, wrapped in a shroud. Alternatively, you can technically be buried without a coffin but within a burial vault. That may prove a logistical issue, but you can likely overcome it.

The Natural Cemetery Guide lists cemeteries across the US that practice green burial.

Can You Be Buried Without A Casket In The US?

Since each state has its own laws, comparing the 10 highest-populated states helps get a general feel for burial without a casket throughout the country. Here are the stated category definitions.

Casket Required By State Law: You already read that caskets are not required by law, but are instead regulated by cemeteries. So the answer is “No” for all states.

Natural burial: “Natural burial is the interment of the body of a dead person in the soil in a manner that does not inhibit decomposition but allows the body to be naturally recycled.” Wikipedia. All ten of the most densely populated US states allow for some form of natural burial.

Green Burial Certified Cemeteries: Cemeteries meet rigorous criteria to attain certification with the Green Burial Council.

State (In Order of Population Density)Number of Green Burial Certified Cemeteries
California11
Texas2
Florida3
New York9
Pennsylvania8
Illinois2
Ohio7
Georgia1
North Carolina3
Michigan4

Can You Be Buried Without A Casket In Texas?

You can be buried without a casket in Texas as long as your preferred cemetery allows it. Furthermore, Texans can scatter cremated remains on “uninhabited public land, over a public waterway or sea, or on the private property of a consenting owner.” (Texas Health & Safety Code §716.304.)

Can You Be Buried Without A Casket In California?

Again, there is no state law requiring you to be buried in a casket in California. However, check with the cemetery for clarification of their rules. Bodies in California must be buried within established cemeteries. But you are welcome to choose one that offers natural burial.

Can You Be Buried Without A Casket In Canada?

Each Canadian province regulates how it allows for the disposal of a body. However, in British Columbia, green burials are treated the same as traditional burials. That’s because embalming is not required before burial in BC.

Why Is It Illegal To Be Buried Without A Coffin?

As you can see from my answers above, it is not illegal to be buried without a coffin or casket. Instead, it becomes a cemetery requirement.

What Casket Alternatives Are There?

No state laws dictate the type of materials for caskets. While coffins made from wood and metal remain the most popular choices, many alternatives exist. For example, natural burials often use corrugated cardboard containers. Here are other options.

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Can You Be Buried Without Being Embalmed?

No state laws require embalming before burial. But they usually require refrigeration or embalming if burial doesn’t occur within a specified time (often 24-48 hours after death.)

The Federal Trade Commission’s Funeral Rule specifies that funeral homes must notify consumers of the time frame without misrepresenting any requirements.

What Is A Grave Without A Body Called?

A grave where the body is not present is called a cenotaph. This grave may look the same as all others, even having an inscribed headstone. But the body isn’t present for whatever reason.

Why Do They Cover The Legs In A Casket?

Covering the legs in a casket is mainly about cost-savings and efficiency.

  • It’s easier to use cosmetic lighting for only half the body. Soft pink lights help the body look more natural. But you don’t necessarily want pink or red lighting on the legs.
  • Sometimes lower-end caskets aren’t finished in the foot end to pass cost-savings along to the customer.
  • Covering the legs saves time for the funeral director when displaying the body. It allows the focus to be on the decedent’s makeup and hair.

Can You Have A Funeral With No Body?

Funerals have a body present. So you can have a Memorial Service or a Celebration of Life without a body, but not a funeral. Read my full article for details, but the main difference in a funeral or memorial service is the body.

You can still have a wonderful service honoring your loved one whether or not the body is present.

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Conclusion

Embalming and casket burial requirements are addressed by each state individually. There is no law requiring either. However, states do spell out embalming versus refrigeration conditions. In addition, cemeteries regulate the use of caskets and burial vaults.

So if you’re looking for a green alternative to casket burial, think about non-traditional burial containers like shrouds, felt, and macrame.

Noelle Mcgarvey

Noelle McGarvey

Noelle served in the funeral industry in Vancouver, Washington from 2005-2008. As a funeral director, she dealt with hundreds of families during their time of grief. In Noelle's opinion: "The best part was helping them send off their loved ones in respectful, and sometimes fun, ways." Currently, she's traveling throughout the United States in an Arctic Fox Truck Camper and blogging about it.

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