Definition and meaning of burial
Die Burial refers to all acts and procedures related to the transfer of a deceased person to their final resting place, as well as the treatment and handling of the corpse. Legally, burial encompasses all measures ensuring the disposal and interment of a human corpse or its remains in a manner appropriate to the deceased and the public. Regulations regarding burial include, in addition to ritual or religious aspects, in particular public-law requirements, protection of public order, as well as infection control and environmental protection.
Legal framework of burial
Statutory regulations
Burial in Germany is primarily regulated by the burial laws of the federal states. There is no unified federal law. The state laws contain provisions on the obligation to bury, forms of burial, time limits, the handling of bodies and ashes, as well as the rights and duties of the bereaved. Additionally, other laws and regulations apply, including the Infection Protection Act (IfSG), the Criminal Code (StGB), the Civil Status Act (PStG), and the German Civil Code (BGB).
State burial laws
All states have their own burial laws (e.g., the Burial Act of North Rhine-Westphalia – BestG NRW). These regulate:
- the obligation to bury,
- transport and storage,
- burial deadlines,
- types of burial,
- cemetery requirement,
- rights and duties of funeral service providers,
- regulations regarding gravesites.
Obligation to bury and mortuary care
Persons obliged to arrange burial
The obligation to arrange a burial usually falls to the closest relatives. A legally established order determines who is responsible for the execution and financing of the burial in the event of death. Typically, the following groups are obligated in sequence:
- spouse or civil partner,
- adult children,
- parents,
- other relatives (such as siblings, grandparents).
The obligation to bury is generally independent of heir status and also exists if the inheritance is disclaimed.
Right to mortuary care
The right to mortuary care must be distinguished from the obligation to bury. This right grants certain persons the authority to decide on the form and manner of the burial and the treatment of the body. If a testamentary disposition of the deceased exists, their wishes take precedence. Otherwise, the right is usually granted to the closest relatives, particularly the spouse or children.
Burial procedure and relevant regulations
Notification and determination of death
A death must be reported to the registry office at the place of death without delay (§ 28 PStG). A medical examination of the corpse is carried out by a doctor, who determines death and issues the death certificate. The registry office then issues the death certificate.
Burial deadlines
The federal states each set minimum and maximum periods for burial. As a rule, burial must take place within 48 to 96 hours after the determination of death, and no earlier than 24 hours. Exceptions exist in special circumstances, such as infection control measures or criminal investigations.
Types of burial
Earth burial
The traditional form of burial is earth burial, i.e., the interment of the body in a coffin in a grave at a cemetery. It is only permitted on officially designated areas (cemetery requirement).
Cremation
In cremation, the body is incinerated in a crematorium and the ashes are then buried in an urn. Here as well, there is generally a cemetery requirement, with exceptions for sea or natural burials if permitted under state law.
Special forms
Other forms include anonymous burial, sea burial, or tree/natural burial. Their admissibility is strictly determined by the respective state legal provisions.
Place of burial and cemetery requirement
In Germany, there is predominantly a cemetery requirement: Bodies and urns may only be interred on officially approved cemetery grounds. An exception applies for certain permitted types of burial, such as sea burials on areas approved by the maritime authorities.
Hygiene, environmental, and infection protection
The infection control management of corpses (e.g., after notifiable diseases) is regulated nationwide by the Infection Protection Act. Burials of persons who died of certain infections are subject to special safety measures.
The design of coffins, gravesites, and the use of biodegradable materials differ among the federal states for reasons of environmental and water protection.
Financing funeral costs
Obligation to bear costs
The close relatives obliged to arrange the burial are responsible for financing the funeral. If they are unable to cover the costs, social burial cost assistance can be applied for in exceptional cases according to the provisions of the Social Code (SGB XII, § 74). Additionally, heirs are also liable for funeral costs under §§ 1968, 1969 BGB.
Obligations to reimburse costs also exist between heirs and those obliged to provide maintenance, with priority given to existing familial or contractual relationships.
Criminal and regulatory aspects
Disturbance of the peace of the dead
German criminal law comprehensively protects the peace of the dead (§ 168 StGB). Any unauthorized removal, destruction or desecration of corpses, ashes, or gravesites is a criminal offense.
Violations of burial regulations
Administrative offenses may be subject to fines under state laws, for example for violations of burial deadlines, the cemetery requirement, or hygiene regulations.
International regulations and special cases
The transfer of corpses abroad or from abroad is subject to national and international regulations. Agreements with other countries are possible, such as the Strasbourg Agreement on the Transfer of Corpses from 1973. Special documents (e.g., corpse passport) and regulations regarding packaging, transport, and hygiene must be observed for each transfer.
Conclusion
The legal framework surrounding burial in Germany demonstrates a high level of regulatory density, ensuring above all public safety, health, human dignity, and respect for the deceased. The details are shaped mainly by state-specific legal provisions, leading to regionally divergent requirements. Compliance with the applicable legal provisions is of central importance both for the protection of the bereaved and the safeguarding of public interests.
Frequently asked questions
Who is legally required to arrange a burial in Germany?
In Germany, a so-called burial obligation exists according to the respective state burial laws. This obligation usually falls to the closest relatives of the deceased in a legally prescribed order. Primarily, this includes spouses or registered life partners, then adult children, followed by parents, siblings, and other relatives. The order and details may vary between federal states. If no one from the group of those obliged to arrange the burial fulfills the duty or if no relatives can be found, the responsibility passes to the local public order authority, which will then carry out the burial as a so-called ‘substitute performance’ and may recover the costs from those obligated.
What legal deadlines must be observed when conducting a burial?
The burial laws of the federal states set binding periods for the burial of a body or cremation. Usually, a burial may take place no earlier than 48 hours after confirmed death, in order to exclude any uncertainty regarding the cause of death through a second examination. At the same time, there are maximum time limits within which a burial or cremation must occur. In most federal states, these fall between four and ten days after the date of death, although extensions may be granted in certain circumstances, such as pending identification or unclear cause of death. Violations of these deadlines can have regulatory consequences.
Who bears the legal costs of a burial?
Under German law, the heirs of the deceased are initially responsible for paying the funeral costs, regardless of whether they are also obliged to arrange the burial. If there are no heirs or the inheritance is disclaimed, civil law often provides for public-law obligations for the next of kin required to arrange the burial. If a substitute performance is carried out by the public order authority, it will attempt to recover the incurred costs from those responsible. Furthermore, under certain conditions, there is the possibility to apply to the social welfare office for covering the funeral costs according to § 74 SGB XII, if it is unreasonable for the obligated persons to bear these costs.
What legal requirements apply to cremation?
In Germany, cremation first requires a written declaration of intent by the deceased, which may be made during their lifetime (e.g., will, funeral decree) or by the next of kin on behalf of the deceased. In addition, a second official post-mortem examination by a specially qualified doctor is legally mandatory. This serves in particular to confirm the cause of death and to prevent crimes. Cremation may only take place once this second examination has been satisfactorily completed. Depending on federal state law, additional formalities and requirements for proof and approval may apply.
What regulations apply to handling the ashes of the deceased?
In Germany, the so-called cemetery requirement applies, which is expressly stipulated in almost all federal state burial laws. This means that the ashes of the deceased may only be interred on officially approved cemeteries or in approved burial facilities (e.g., designated burial forests for natural burials). Keeping the urn at home or scattering ashes outside of approved places is generally not permitted and may result in fines. Individual exceptions exist in a few federal states for certain types of burial (e.g., sea burial).
May a deceased person be reinterred afterwards, and under what legal requirements?
Reinterment – that is, moving the mortal remains or the urn to another place – is only permitted in Germany under narrow, legally defined conditions. The consent of the cemetery administration is mandatory and is typically granted only for demonstrably important reasons (e.g., family circumstances, closure of the cemetery). In addition, the rights of entitled parties and others involved (e.g., grave neighbors) must be protected. Reinterments may generally only take place after the expiration of certain periods of rest, with hygiene, health, and regulatory aspects to be observed. Violation of these regulations constitutes an administrative offense or, if applicable, a criminal offense.
What regulations apply to burial after an anonymous form of interment?
Although burial law generally requires the individuality of a grave, anonymous burial on designated plots is legally permissible if provided for and approved by the respective cemetery authority. The same legal framework applies to anonymous burials with regard to implementation (e.g., deadlines, documentation obligations, burial obligation) as to conventional forms of burial. However, in these cases, a deliberate omission is made regarding the name identification, and typically the exact burial place is not known to relatives. The procedure and modalities are regulated by the cemetery regulations of the relevant operator; the dignity of the deceased must always be preserved.
