Q: Need help with burial
Need to bury body on a family plot
MD Code, Health-General Article, § 5-514. Burial or disposal of body.
(a) In general. -- An individual may not bury or dispose of a body except:
(1) In a family burial plot or other area allowed by a local ordinance;
(2) In a crematory;
(3) In a cemetery;
(4) By donating the body to medical science; or
(5) By removing the body to another state for final disposition in accordance with the laws of the other state.
(b) Violations; penalty. -- An individual who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 5,000 or both.
So, per the law, the only scenario allowed is if your county code permits such burial. You may wish to start here to inquire as to home burial plots, zoning laws, and requirements in Montgomery County:
If you will not 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 and mental hygiene within 72 hours of the death. (Maryland Code, Health-General, § 4-212.) The deceased person's doctor, physician's assistant, nurse practitioner, or a medical examiner must complete the medical portion of the death certificate within 24 hours. (Maryland Code, Health-General, § 4-212.) 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 cannot transport a deceased's body without the death certificate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.