What to do after a death in New Mexico

Quick facts

• Good to know: No waiting period required before cremation.

• Tip: A Designated Agent for Funeral Arrangements can be appointed to handle your wishes.

Getting started in New Mexico

• New Mexico doesn’t require a licensed funeral director. Families can care for their loved one directly.

• Home funerals are fully legal and families can handle every step themselves if they choose.

• The Board of Funeral Services protects consumers and can help if issues arise.

Good to know: You have the right to be as involved as you want. Take the time you need to make decisions.

First 24–72 hours

If the death occurred at home

• Call the attending physician or hospice if one was involved.

• For unexpected deaths, call 911. They’ll guide you through next steps.

• If the body won’t be buried or cremated within 24 hours, it must be embalmed or refrigerated.

Hospice was involved

• The hospice nurse will come to pronounce death and complete necessary paperwork.

• Hospice can help coordinate with your chosen funeral home or support a home funeral.

• You can spend time with your loved one before any arrangements are made.

No hospice involvement

• Call 911 if the death was unexpected. This is required for unattended deaths.

• The Office of the Medical Investigator may need to be involved depending on circumstances.

• Once death is pronounced, you can contact a funeral home or begin home funeral arrangements.

If the death occurred at a hospital

• Hospital staff will guide you through immediate paperwork.

• You can usually spend time with your loved one before leaving.

• The hospital will ask which funeral home you’d like to use. You don’t have to decide right away.

Cremation in New Mexico

• New Mexico has no mandatory waiting period before cremation, though obtaining permits typically takes a few days.

• A cremation permit from the county is required, along with a signed Cremation Authorization Form.

• The form must be approved by the next of kin and released by a state medical investigator.

• A casket isn’t required. An alternative container is acceptable.

• There are no state laws controlling where you may keep or scatter ashes.

Burial in New Mexico

• Home burial on private property is allowed in rural areas. Check with your county for local regulations.

• You’ll need a burial-transit permit if handling disposition without a funeral home.

• A casket isn’t required by state law, though individual cemeteries may have their own rules.

• For private property burial, you’ll need a property deed, survey showing grave location, and notarized affidavit.

• Natural burial options are available at several cemeteries across the state.

Paperwork in New Mexico

• The death certificate must be filed with the local registrar within 5 days of death.

• The funeral director or person acting in that capacity gathers information and files the certificate.

• Certified copies cost $5 each from the Vital Records office.

• Plan to order 8–10 certified copies for insurance, banks, and legal matters.

• Death certificates become public records 50 years after the date of death.

Consumer rights in New Mexico

• You have the right to an itemized General Price List before making any decisions.

• Funeral homes must accept caskets and urns purchased elsewhere without extra fees.

• Embalming isn’t required unless needed for public health reasons.

• You can appoint a Designated Agent for Funeral Arrangements to ensure your wishes are followed.

• File complaints with the New Mexico Board of Funeral Services at 505-476-4604.