Coroner's inquest and burial; application for permission to bury outside a cemetery.

The law on burial contains regulations, in particular, on post-mortem examinations, the transfer of corpses and burial. As a rule, corpses and ashes of deceased persons must be buried in cemeteries. Exceptions to the cemetery requirement are subject to strict conditions.


In the event of a death, a physician who is obligated under funeral law (in particular relatives, guardians, in a hospital the physician in charge, in a home the management) must be notified immediately to perform the post-mortem examination. The physician shall issue a death certificate, which shall be immediately forwarded to the registry office by the person who initiated the post-mortem examination.

Every corpse must be buried by interment in a grave (burial in the ground) or by cremation in a cremation facility and burial of the ashes, sealed in a solid urn, in a grave (cremation) or by cremation in a cremation facility and burial of the urn from a ship on the high seas (burial at sea).

As a rule, burial is possible at the earliest 48 hours after the occurrence of death. Furthermore, burial in the ground or cremation must take place no later than eight days after the determination of death, not counting Saturdays, Sundays and holidays. The urn containing the ashes must be interred no later than three months after cremation. The municipality may, under certain conditions, permit earlier or later burial upon request.

As a rule, bodies and ashes of deceased persons must be buried in cemeteries (cemetery obligation). In exceptional cases, permission for burial outside a cemetery may be applied for from the district administrative authority in whose area the intended burial place is located.


The prerequisite for granting permission for burial outside a cemetery is that the applicant can cite an important reason, the burial place meets the burial law requirements and overriding interests of third parties are not opposed. The existence of exceptional circumstances is required for the assumption of an important reason.


For permission to bury outside a cemetery, a written application must be submitted to the appropriate county administrative authority.


Administrative court proceedings; information

administrative claim

Status: 08.08.2022

Responsible for editing: Bayerisches Staatsministerium für Gesundheit und Pflege

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