This guide aims to answer some key questions about making funeral or cremation arrangements in New Mexico. We provide an overview of some legal aspects of making funeral plans specific to New Mexico funeral laws and what funeral or cremation costs to expect.
Who is responsible for making the funeral arrangements in New Mexico?
New Mexico law determines who can make the funeral arrangements [New Mexico Statutes § 45-3-701]. This is determined as:
1. Your surviving spouse (if you have not filed for divorce)
2. A majority of your adult children
3. Your parents
4. A majority of your siblings
5. A responsible adult who has played a significant role in your care, who understands your disposition wishes, and is willing to carry out your funeral wishes
6. Your next living kin
Choosing a funeral home in New Mexico
One of the first things to do, especially if a death has just occurred, is to choose a funeral home to handle the funeral services. The New Mexico State Regulation & Licensing Department Board of Funeral Services licenses all funeral homes in New Mexico.
There are around 80 funeral homes and mortuaries in New Mexico. Selecting a funeral service provider can be determined by your location and what kind of funeral services you require. Are you looking for a traditional funeral or burial service? Or are you seeking a more contemporary life celebration service or a cremation? Is the cost of the funeral an issue? Are you working on a tight budget and looking to save money on funeral expenses?
Do you need the services of a Spanish-speaking funeral home? Obviously, having some clear ideas of what you need from a funeral home helps you decide which funeral home is right for you. Our funeral home directory can help you to locate funeral homes near you.
Families often seek recommendations from family or friends, which is a good way to get information. However, funeral costs are probably the primary reason many families are now seeking alternative options to their local funeral home.
If you are concerned about arranging an affordable funeral, our DFS Memorials providers in New Mexico offer dignified and inexpensive funerals and cremations.
What does an average funeral cost in New Mexico?
The average cost of a funeral in the U.S. is $7,848 (according to the NFDA – National Association of Funeral Directors 2022), and this does not include any cemetery fees. This generally means that the full cost of a funeral can amount to nearer to $10,000 when cemetery fees are included.
The cost for a funeral can be broken down into several components – the funeral director’s professional service charges, casket, embalming, transportation, and ancillary costs such as flowers, music, prayer cards, obituary, etc. However, you can arrange a traditional funeral for half this cost.
The DFS Memorials provider for Las Cruces offers a complete funeral (including a casket and cemetery plot) for $3,995.
All funeral homes in New Mexico must have a general price list (GPL) that outlines their service charges and funeral merchandise prices. They must provide a copy of their GPL when they quote you a price according to the Federal Trade Commission’s ‘The Funeral Rule.’
When arranging a funeral, you often end up with a range of charges from the GPL in an a la carte style, resulting in a higher cost than you first imagined. Sometimes, choosing a funeral package that offers an inclusive service and pricing can help you manage your overall funeral expenses.
It is recommended that you DO shop around and compare funeral prices between more than one funeral home. That way, you can be sure you have a “best value” funeral service.
Who is responsible for paying for funeral costs in New Mexico?
Generally, a person has two options – to prepay and pre-plan a funeral or leave enough money for the surviving family to pay for the funeral. If neither of these options has been put in place, then the surviving family is liable for the funeral bill.
Check out our article on ‘What is my best and safest option for putting aside money for a funeral?’
How much does a cremation cost in New Mexico?
A typical cremation funeral service will cost in the region of $3,200 (depending upon the ancillary services/products you select). This is the type of cremation service that replaces a full traditional funeral. It is possible to arrange a cremation for considerably less than this.
Direct Cremation Service $1,290 Call (505) 209-3359
Arranging a direct cremation in New Mexico
This is the least expensive cremation option for families. Direct cremation means that there are no services. The cremation goes ahead once all the documentation has been completed, and then the cremated remains are returned to the family in a temporary container. Incremental options, such as a private family viewing or an upgraded cremation urn, can be added to a basic direct cremation package for an additional fee.
Low-cost Cremations in New Mexico
DFS Memorials does serve the main cities in New Mexico, offering simple, low-cost cremations to help families who cannot afford a funeral.
Visit the DFS Memorials website to locate your nearest low-cost cremation services provider.
How do I decide between a burial or a cremation in New Mexico?
Choosing between burial or cremation is very much a personal choice. The deceased may have left explicit wishes, or the surviving family may have to decide. Faith and/or funds for the funeral service can significantly influence whether a burial or cremation is chosen.
Having a pre-existing cemetery plot can be important as burial plots can be expensive today. Cremation is on the increase in the United States and is becoming a popular funeral alternative for many. Green burials are also another option that can be considered.
If you are unsure whether to choose between burial or cremation, talk to family and friends and discuss the decision with your funeral director.
To learn more about cremation services, the cremation process, secure ID tracking, cremation regulations, and laws, visit our Ultimate Guide to Cremation.
How do cremation laws in New Mexico affect arranging a cremation?
Each state has its own laws governing cremation procedures. A crematory and/or funeral home must abide by certain practice standards in disposing of human remains by cremation. However, certain regulations can vary by state.
In New Mexico, a cremation can only be performed once the legal next of kin has signed a Cremation Authorization Form and the coroner has issued the cremation permit. The state medical investigator issues the permit to a licensed funeral director.
There is no mandatory waiting period for cremation in New Mexico. A casket is NOT required by law for a cremation. All that is required is a suitable rigid container. A cremation container is usually a reinforced cardboard or plywood box.
What can I do with cremated remains – laws for ash scattering in New Mexico
As more families turn to cremation as a lower-cost funeral alternative, the question arises about what to do with the cremated remains. Cremation ashes can be interred in a dedicated cemetery (just as a body can) in a cremation niche or an existing grave plot. (Do bear in mind there may be opening and closing fees to open an existing family grave plot). Alternatively, the ashes can be scattered.
You can scatter ashes on private property (with the landowner’s consent). If you wish to scatter ashes on public land, you can generally do so unless it is on land requiring a permit. In New Mexico, you do require a permit to scatter ashes on state parkland. Requirements of a permit are: the remains to be scattered must have been cremated and pulverized, and the scattering of cremated remains on the ground is to be performed at least 100 yards from any trail, road, developed facility, or body of water.
As outlined in our ash scattering section, you should observe common sense guidelines for ash scattering. The cremated remains of more than one person cannot be commingled unless a scattering is being conducted by air, in water, or at sea.
Aerial ash scattering is available in New Mexico, where a loved one’s remains can be cast into eternity over beautiful landscapes. Prices for an aerial ash scattering range from $350 – $750.
Does the deceased have to be embalmed in New Mexico?
There is no legal requirement or New Mexico law stipulating that you have to have the deceased embalmed. However, either embalming or refrigeration is required if the disposition does not proceed within 24 hours [New Mexico Statutes § 61-32-20].
Therefore, you have choices, and if you do not wish for embalming, you must have a timely funeral or a cremation. When consulting funeral homes, you may also wish to check that they can offer refrigeration storage and the daily cost.
Some funeral homes do adopt policies that insist upon embalming if a public viewing or service is being held with the deceased in repose.
Can I conduct a home funeral in New Mexico?
Conducting your own ‘home funeral’ is a very personal way of saying goodbye. It is perfectly legal in the majority of U.S. States, including New Mexico. A permit is required for authorization of a final disposition.
A burial-transit permit must be issued by the state registrar or a local registrar when final disposition is being made by a person other than a funeral service practitioner or direct disposer [New Mexico Stature § 24-14-23].
If you wish to bury your loved one at home on your own land and establish a family cemetery, you must first check with the county clerk about any local zoning. You would need to draw up a map of the property showing the burial ground and file it with the property deed.
Purchasing a casket or grave marker in New Mexico
You have the right to purchase your casket from elsewhere than the funeral home, and your funeral home MUST accept it without charging you any handling fee (this is federal law according to the FTC Funeral Rule). You can also build your own casket/coffin if you wish. Now that third-party casket retailers can offer discounted caskets, it has somewhat reduced funeral home casket prices. A basic steel casket starts at around $1,195.
A grave marker cannot ordinarily be erected until some months after burial. This allows the earth to settle and ensures that once erected, the headstone will not subside.
Cemeteries generally have their own regulations that dictate what is allowed in terms of types of grave markers. It is wise to check the cemetery rules before purchasing a memorial marker carefully. However, you should not have to purchase a marker from the cemetery if you do not wish to.
How do I get the death certificate in New Mexico?
In New Mexico, a death certificate must be filed with the local registrar within five days of death [New Mexico Statutes § 24-14-20]. Typically, the funeral home or the individual in charge of the deceased person’s remains will prepare and file the death certificate.
The fee for a certified copy of a death certificate is $5.00, and you may need multiple copies if you need to close the deceased’s estate. Copies can be obtained from New Mexico Vital Records, Post Office Box 25767, Albuquerque, NM 87125, by mail, or you can apply online or in person. You must produce certain identification documents. Further information can be found at the NM Department of Health Death Records.
Can I pre-plan a funeral or cremation in New Mexico?
Yes, pre-planning your funeral alleviates the family of the difficult decisions and the financial burden of funeral expenses. You can make pre-need funeral arrangements direct with a funeral home or purchase burial insurance.
What you DO need to consider is how safely you are investing your money. Although purchasing a funeral plan may secure your funeral wishes, funeral prices are not as fixed as they once were. With the growth in cremation, the cost of a funeral could actually be coming down. Any funds invested into a funeral contract are put into a trust fund.
Another funeral planning alternative is to document your wishes and put aside the appropriate funds in a POD Payable on Death account or a Totten Trust. This enables the family to access the funds at the time of need and make the funeral arrangements, but you keep in control of your monies and any accrued interest.
Read more in our article What is my best and safest option for putting aside money for a funeral.
Veterans Funerals in New Mexico
Veterans are entitled to certain benefits – a free cemetery plot, grave marker, and US flag. A copy of the DD214 discharge papers is required to claim these benefits, and you would need to contact the local VA office. In many cases, the funeral director will assist you with this or undertake it on your behalf.
The VA cemeteries in Fort Bayard and Santa Fe have space for both casketed and cremated remains.
Can I donate my body to science in New Mexico?
Yes, donating your body to science can be a great way to take care of your disposition without any funeral expenses. Most of the national organizations that deal with full body donation handle everything from the moment you notify them of the death, including collecting the body, the donation, the free cremation, and the return of the cremated remains to the family a few weeks later. It is worth noting that a donation cannot always be accepted at the time of death, so you should have an alternative plan in reserve.
Check out our Body Donation section.
The deceased had no life insurance – what do I do if I cannot afford a funeral?
This can be very distressing if you are liable to make funeral arrangements for a lost loved one and do not have sufficient funds. There is very limited financial aid for funerals, and this varies by County. In such cases, the coroner may make arrangements with a funeral home, and costs should not exceed the actual minimal cost of a burial or cremation.
Generally, a fixed amount is set that the County or state will pay for pauper burial assistance. The state is responsible for the disposition of indigents or any individual who becomes a responsibility of New Mexico.
You need to contact your local County human services or social services to find out what help may be available. The expenses for the burial or cremation of an indigent person paid by the county out of the general fund is the amount of $100 for the burial of any adult or minor over the age of 65 and $75 for the burial of any minor up to the age of 6 years [New Mexico Stature §24-13-3].
Simple direct cremation is the least expensive disposition option.
How can I transport a loved one either back to or from New Mexico after death?
If a loved one needs to be transported following their death, you will need the services of a funeral director who can arrange funeral shipping for you. This generally needs a funeral professional who can coordinate arrangements at the place of death and wherever the body is being shipped to.
Certain regulations do apply to moving a body. Embalming and a transit permit, and specific containers are required to hold the casket. The deceased can only be transported in a “closed vehicle designed exclusively for the transportation of dead human bodies” [Statute 51 §107].
Shipping a body can be quite expensive, so the other alternative you have is to have the body cremated at the place of death and then transport back the cremated remains. Cremated remains can be shipped through the US Postal Service for between $40 – $75.
Visit our section on Funeral Shipping to find out more.
If you do travel regularly for work, pleasure, sport, visiting family, or snow-birding, you may wish to consider our great value Travel Protection Plan. This plan costs just $450 for an individual for lifetime protection against the costly expense of returning a body home if a death occurs 75 miles (or further) from your residence. It also provides global coverage. Domestic funeral shipping can cost from $3,000, and International repatriation can start at around $6,900.
Visit our article on Travel Protection: Your Guide to Affordable Funeral Shipping, or click on the link below to enroll today.
If you do regularly travel for work, pleasure, sport, visiting family, or snow-birding, you may wish to consider our great value Travel Protection Plan. This plan costs just $450 for an individual for lifetime protection against the costly expense of returning a body home if a death occurs 75 miles (or further) from your residence. It also provides global coverage. Domestic funeral shipping can cost from $3,000, and International repatriation can start at around $6,900.
Who should I contact if I have a complaint about a funeral home in New Mexico?
Hopefully, you will find the services of your funeral home more than adequate, as most funeral professionals are very dedicated to their vocation. Unfortunately, it does sometimes happen that you may have a complaint or grievance with a funeral home, and you do not manage to resolve it directly with the funeral director.
In this case, you should write your complaint to the New Mexico State Regulation & Licensing Department Board of Funeral Services which regulates and license funeral businesses in New Mexico. They can be contacted at:
Board of Funeral Services
Toney Anaya Building
2550 Cerrillos Road, Second Floor
Santa Fe, New Mexico
Phone: (505) 476-4622
I hope this guide has helped to answer some of your immediate questions. Please check out our Funeral Resources section for our full catalog of resources to help you through the process of arranging a funeral. Feel free to contact us if we can be of any assistance with any further questions you may have.
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