⚱️ Organising a funeral and costs

The duty to arrange a burial and the burial deadline are state law: what applies in one federal state cannot be transferred to another.

Duty to arrange a burial Burial deadline Cemetery requirement State burial act Burial in the ground Cremation § 1968 BGB

In brief

Who has to organise a funeral and how quickly it must take place is regulated in Germany not by a federal law but by the burial act of the respective federal state. That is why there is deliberately no single figure valid for all of Germany here – only examples for orientation. For your case, ask the funeral director or the local public order office (Ordnungsamt).

In (almost) all federal states there is also a so-called cemetery requirement (Friedhofszwang): keeping an urn at home is generally not permitted. Exceptions exist for burial at sea and, in some states, for woodland burial grounds.

Step by step

Decide on the type of burialChoose burial in the ground or cremation; a written funeral directive from the deceased person must be taken into account, even though it is not legally binding in every federal state.
Commission a funeral directorThey usually take care of the transfer, the report to the registry office and the further formalities.
Agree cemetery and dateClarify the grave site, date and, where applicable, funeral speaker or parish office with the cemetery administration.
Obtain a cost estimateAsk for a written cost estimate and, where possible, compare before you sign.
Ask about the state-specific burial deadlineAsk the funeral director or Ordnungsamt which deadline applies in the federal state concerned.

Deadlines

State law

How quickly a burial must take place is set by each federal state in its own burial act – there is no deadline uniform across GermanyState burial acts

Example: Bavaria

Earliest time of burial usually 48 hours after death, latest 8 days (according to a secondary comparative overview, to be verified in each case against the Bayerisches Bestattungsgesetz)Bayerisches Bestattungsgesetz (BestG)

Example: North Rhine-Westphalia

According to available sources, burials in the ground should take place within ten daysBestattungsgesetz NRW

Watch out – common mistakes

There is no burial deadline uniform across Germany – information from one federal state cannot be transferred to another.
In most federal states there is a cemetery requirement: keeping an urn at home is generally not permitted.
Who is obliged to arrange the burial (usually first the spouse/partner, then children, then parents – depending on state law) is not automatically the same person as the one who inherits.
Check cost estimates carefully before signing – funeral costs differ greatly by provider and region; reliable nationwide average figures could not be officially substantiated in this research.

In depth · legal basis, figures and practice – for advisers and professionals

The duty to arrange a burial is state law

Who is obliged to arrange a burial, and in what order relatives are called upon to do so, is regulated independently by the burial acts of the 16 federal states. This also applies to the burial deadline itself. For advisory work this means: first consult the burial act of the federal state concerned (or the local Ordnungsamt), and do not transfer any rule from another state.

Bearing the costs under § 1968 BGB

Irrespective of the public-law duty to arrange a burial, § 1968 BGB provides that the heir must bear the costs of a funeral appropriate to the deceased's station as a so-called estate liability (Nachlassverbindlichkeit). The duty to arrange the burial (state law) and the duty to bear the costs (federal law, law of succession) are thus two different legal questions that can diverge in an individual case.

If nobody can bear the costs

If the person liable for the costs cannot reasonably be expected to bear them, the social welfare office (Sozialamt) covers the necessary funeral costs (§ 74 SGB XII) – see the page "Death grant and coverage of funeral costs" for more.

Who is responsible

Funeral director (private sector)
Cemetery administration/Ordnungsamt of the municipality
Registry office (Standesamt) at the place of death

Quick questions

Worum geht es bei „Organising a funeral and costs“?

The duty to arrange a burial and the burial deadline are state law: what applies in one federal state cannot be transferred to another.

Which deadlines and figures matter?

State law: How quickly a burial must take place is set by each federal state in its own burial act – there is no deadline uniform across Germany (State burial acts)
Example: Bavaria: Earliest time of burial usually 48 hours after death, latest 8 days (according to a secondary comparative overview, to be verified in each case against the Bayerisches Bestattungsgesetz) (Bayerisches Bestattungsgesetz (BestG))
Example: North Rhine-Westphalia: According to available sources, burials in the ground should take place within ten days (Bestattungsgesetz NRW)

What should I do first?

Decide on the type of burial: Choose burial in the ground or cremation; a written funeral directive from the deceased person must be taken into account, even though it is not legally binding in every federal state.
Commission a funeral director: They usually take care of the transfer, the report to the registry office and the further formalities.
Agree cemetery and date: Clarify the grave site, date and, where applicable, funeral speaker or parish office with the cemetery administration.

What do I need to watch out for?

There is no burial deadline uniform across Germany – information from one federal state cannot be transferred to another.
In most federal states there is a cemetery requirement: keeping an urn at home is generally not permitted.
Who is obliged to arrange the burial (usually first the spouse/partner, then children, then parents – depending on state law) is not automatically the same person as the one who inherits.

Evidence

State burial acts (by way of example: Bayerisches Bestattungsgesetz, Bestattungsgesetz NRW)
§ 1968 BGB (gesetze-im-internet.de)
§ 74 SGB XII (gesetze-im-internet.de)

As of

As of September 2026. · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.