New Mexico Funeral & Burial Legal Checklist

A Guide to Honoring Your Loved One with Confidence

As an end-of-life worker in New Mexico, I work alongside families to create meaningful, farewells that honor their loved ones’ wishes. Navigating the legal steps of a funeral or burial can feel overwhelming, but you don’t have to do it alone. This free checklist, crafted with care, empowers you to manage these tasks with clarity—whether you’re planning a green burial, home funeral, or cremation.

If you’d prefer support, I’m here to handle these details with compassion, ensuring every step reflects your vision. Let’s create a farewell that resonates with love. Contact me to learn how I can help, or download the checklist to start planning now.

Step 1: Pronounce and Report the Death

Confirm death pronunciation: A physician, nurse, or hospice worker must pronounce the death. For expected deaths at home, contact the deceased’s doctor or hospice. For unexpected deaths, call 911.
Notify the county coroner (if required): Report unattended or suspicious deaths to the county coroner (e.g., Santa Fe County Coroner: 505-992-3070). Verify with local authorities.
Resource: New Mexico Office of the Medical Investigator: https://omi.unm.edu/

Step 2: Obtain a Death Certificate

File within 5 days: File a death certificate with the New Mexico Bureau of Vital Records within 5 days. A funeral home, hospice, or family member can do this.
Gather required info: Include the deceased’s full name, date of birth, date of death, place of death, and cause of death for burial permits.
Request copies: Order multiple certified copies ($10 each) for tasks like closing accounts. Contact: New Mexico Vital Records (https://www.nmhealth.org/about/erd/bvrhs/vrp/death/). 
Local Contact: Santa Fe County Clerk (505-986-6280).

Step 3: Secure a Burial-Transit Permit

Obtain permit: Needed to transport or bury a body. Request from the county health office after filing the death certificate (funeral home or family can do this).
No embalming required: Embalming isn’t mandated unless crossing state lines or holding the body over 24 hours in some cases (NMSA 1978, § 24-12A-2).
Resource: Contact your county health office (e.g., San Miguel County: 505-425-9333).

Step 4: Plan the Burial or Cremation

Choose disposition: Select burial (cemetery, home, or green) or cremation. No funeral director is required; families can manage independently.
Home burial: Legal on private land with owner consent. Check local zoning (e.g., Santa Fe County Planning: 505-986-6215). No vault required unless cemetery-specified.
Scattering ashes: Allowed on private land with permission or public land (e.g., BLM) if discreet. No permit needed (NMSA 1978, § 24-12A-2).
Green burial: Confirm cemetery rules (e.g., no embalming, biodegradable casket). See Green Burial Council: https://www.greenburialcouncil.org/.
Note: For tribal lands (e.g., Taos Pueblo), contact tribal authorities.

Step 5: Designate a Disposition Agent

Appoint an agent (optional): Designate someone to control body disposition via a signed affidavit (NMSA 1978, § 24-12A-1).
Document wishes: Record preferences in a will or “Five Wishes” document (https://www.fivewishes.org/).
Tip: Share copies with family and your agent.
Step 6: Verify Costs and Avoid Overcharges
Request price lists: Funeral homes must provide itemized prices (FTC Funeral Rule). Compare costs for direct burial or cremation.
Check county assistance: Low-income families may qualify for indigent burial aid (e.g., Bernalillo County: 505-468-7000; https://www.bernco.gov/health-human-services/indigent-services/).
Resource: FTC Funeral Rule: https://www.consumer.ftc.gov/articles/0300-ftc-funeral-rule
Additional Notes
Northern New Mexico Contacts: Contact county clerks or health offices for guidance (e.g., Taos County Clerk: 575-737-6380).
Cultural Considerations: Consult tribal leaders or clergy for Native American or Hispanic traditions.

Need Help? Connect with me.

Source: New Mexico Department of Health (https://www.nmhealth.org/) and New Mexico Statutes (https://law.justia.com/codes/new-mexico/2021/chapter-24/article-12a/).