Burial or cremation – for decades, that was the full choice in Germany. That era is coming to an end. On 18 June 2026, the state parliament of Schleswig-Holstein enshrined so-called “Reerdigung” (human composting) in its Burial Act as a third type of burial. Since October 2025, Rhineland-Palatinate has permitted river burial on the Rhine, Moselle, Saar and Lahn and allows part of the ashes to be made into a memorial item – up to and including a pressed diamond. This opens up new possibilities for relatives, but also new pitfalls. Both states attach conditions to the new forms that must be put in place during the deceased’s lifetime.
Key points at a glance
- Schleswig-Holstein is the first federal state to have permanently included human composting (Reerdigung) in its Burial Act (Section 15(1) no. 3 BestattG SH).
- Since October 2025, Rhineland-Palatinate has permitted river burial from a boat and the division of the ashes for dignified further processing (Section 11(8) BestG RLP).
- Burial law is state law. What is permitted in Kiel or Mainz does not apply nationwide – in Rhineland-Palatinate there is also a residence requirement.
- The new forms generally require a written instruction made during the deceased’s lifetime. Without one, the conventional forms apply.
- The persons entitled to arrange the funeral (Totenfürsorgeberechtigte) decide on the type of burial, while the heir bears the costs (Section 1968 of the German Civil Code (BGB)). These are not necessarily the same people – and this is where the potential for conflict lies.
Human composting: what lies behind the new type of burial
In human composting (Reerdigung) – technically also referred to as “Humusierung” – the deceased is neither cremated nor buried in a coffin, but laid on a plant substrate of hay, straw and green cuttings in a closed vessel. With the addition of oxygen and natural materials, microorganisms transform the body into nutrient-rich soil. In the providers’ practice, this process takes around 40 days. The resulting remains are then interred in an earth grave in a cemetery.
This is exactly what Section 15(1) no. 3 BestattG SH now lays down as a permissible type of burial: accelerated decomposition with the addition of natural materials and oxygen in a reusable coffin-like vessel within three months, with the human remains being interred in an earth grave in a cemetery. Two points of the wording are often overlooked in the public debate: the three-month period is a statutory maximum duration, not a minimum. And the requirement to bury in a cemetery (Friedhofszwang) remains fully in place – the resulting soil may not be spread in the garden or taken home.
From pilot project to permanent rule
The rule was preceded by a trial accompanied by scientific research. In 2024, Schleswig-Holstein created an opening clause in Section 15a BestattG SH that made the pilot project possible in the first place. By 30 April 2026, 76 human compostings had been carried out on this basis – with deceased persons from 14 federal states, which shows that demand is by no means limited to the north. The Institute of Legal Medicine at Leipzig University monitored the process. According to the studies, both heavy metal and pollutant levels were consistently below the relevant limit values, and the temperature requirements were also met. On this basis, the state parliament voted across party lines for the permanent inclusion in the Act.
The criticism
The innovation has not gone unchallenged. Parts of the funeral industry consider accelerated decomposition outside the grave site to be unviable: the technical and organisational effort is high, it lacks roots in burial culture, and accelerated decomposition within the grave site – for example using grave chamber systems – has long been achievable. The churches, too, are largely reserved about the expansion of alternative forms of burial. For relatives, this means above all that local availability is limited and not every cemetery operator will actively offer the procedure.
River burial in Rhineland-Palatinate
Burial at sea has long been established. With the reform of its Burial Act in October 2025, Rhineland-Palatinate followed suit and permitted interment in flowing waters. Under Section 11(8) BestG RLP, an urn made of instantly water-soluble cellulose may be committed from a boat to the Rhine, Moselle, Saar or Lahn, provided the waters are located within Rhineland-Palatinate.
The practical requirements are strict, because water is among the most strongly protected goods under environmental law:
- Only from a boat. Committing the urn from a bridge, a jetty or the riverbank is not permitted.
- Only with an approved urn. Water-soluble materials such as cellulose, sugar, gelatine or algae-based biopolymers are permitted. The urn must sink immediately and must not float on the surface.
- Only with a permit. A permit under water law is required; the regional offices of the Structural and Approval Directorate (Struktur- und Genehmigungsdirektion) are responsible. There is no legal entitlement to a permit.
- Only outside restricted areas. Interment is prohibited in front of weirs, locks and measuring stations.
- With documentation. The funeral director must record the location with GPS coordinates; the records must be kept for years.
If you would like a river burial, you should therefore speak at an early stage to a funeral director who actually offers the procedure. The number of permits is limited, and coordination with the water authorities takes time.
Dividing the ashes: jewellery, ceramics, diamond
The second innovation from Rhineland-Palatinate carries more legal weight than it seems at first glance: part of the ashes may be removed and made into a memorial item – a piece of jewellery, a ceramic or a synthetic diamond. The Act speaks of “dignified further processing”. The division takes place at the crematorium and is documented.
Until then, this was practically impossible in Germany. Anyone who wanted a memorial diamond had to have the ashes taken abroad – usually to Switzerland – because German crematoria were not allowed to release them. Rhineland-Palatinate removes this detour for its residents. However, the rest of the ashes remain subject to the burial obligation and must be properly interred. This does not create a grave in your own garden: interment on private land remains prohibited, and the details of storage are governed by the state ordinance implementing the Burial Act.
The crucial catch: where does this actually apply?
The most frequently asked question on both topics is: does this apply to me too? The answer is sobering. Burial law is a matter for the federal states – there are sixteen burial acts with sixteen different answers. So far, human composting has only been permanently regulated in Schleswig-Holstein. In North Rhine-Westphalia, Bavaria, Hesse or Lower Saxony, it is not provided for as a permissible type of burial.
In Rhineland-Palatinate there is an additional hurdle: the new forms are only open to deceased persons whose last place of residence was in Rhineland-Palatinate. Someone who lives in Cologne and wishes to be interred in the Rhine cannot realise this wish under the Rhineland-Palatinate rules. And across all states, the principle of compulsory burial in a cemetery continues to apply: human remains belong in a cemetery, and exceptions are narrowly defined and must be expressly regulated.
Both amendments are therefore less a radical change than a signal: the states are moving, but unevenly. If you have a specific wish, you must check which state’s law will ultimately apply – and this does not depend solely on the place of death.
Nothing works without a written instruction
The most important practical point for estate planning: for the new forms of burial, Rhineland-Palatinate requires the deceased to have specified in writing during his or her lifetime which form he or she wishes and who is to take care of it. Without this instruction, the conventional options remain – regardless of what the family later considers right or what may once have been mentioned in conversation.
A funeral instruction or an instruction on the right to arrange the funeral (Totenfürsorgeverfügung) therefore belongs in every set of advance planning documents. It should clearly state three things:
- The desired type of burial – as specifically as possible, and for new forms using the statutory designation.
- The person who is to exercise the right to arrange the funeral – especially if this is not to be the closest relative according to the usual order of priority.
- The arrangements for costs – for example an instruction to the heirs or a funeral plan insurance policy if an elaborate form is desired.
Where the instruction is kept is important. A will is often only opened weeks after the funeral – too late for the type of burial. The instruction should therefore be kept readily accessible with the advance planning documents, not in official safekeeping.
Who decides – and who pays?
Here, two legal spheres separate that are regularly confused in practice. The persons entitled to arrange the funeral decide on the type of burial. This right is not part of the estate: it belongs to the person designated by the deceased, or failing that to the closest relatives, and it is bound by the wishes of the deceased. Being an heir does not automatically mean having the right to decide on the funeral.
The costs of the funeral, on the other hand, are borne by the heir under Section 1968 BGB. In a community of heirs, this applies to all co-heirs in proportion to their shares of the inheritance. This gives rise to a typical situation: a relative chooses a costly form – diamond pressing, river burial with boat charter – and the bill lands with heirs who were not consulted. In principle, the costs of an appropriate funeral are reimbursable; anything beyond this may, in the event of a dispute, fall back on the person who ordered it. If you want a special form of burial, you should therefore arrange the financing during your lifetime instead of leaving it to your heirs.
Family disputes: time is the critical factor
Disputes over burials have a peculiarity that sets them apart from other inheritance disputes: they cannot be reversed. A cremation cannot be undone, an urn committed to the Rhine cannot be recovered, ashes pressed into a diamond cannot be turned back. Anyone who suspects that decisions are being made over their head or against the declared wishes of the deceased must therefore act immediately – if necessary by way of an interim injunction (einstweilige Verfügung) before a fait accompli is created. The burial deadlines of the federal states often range from a few days to two weeks.
Conversely, anyone who exercises the right to arrange the funeral and follows a written instruction is on legally safe ground. This, too, speaks in favour of leaving your own wishes documented – it protects the bereaved from disputes, not just your own wishes.
Frequently asked questions about the new forms of burial
No. Schleswig-Holstein is the first federal state to have permanently enshrined it in its Burial Act. In other states, it is not regulated as a permissible type of burial; whether and when they will follow is a political decision for the respective state parliaments.
Both terms refer to the same procedure. “Reerdigung” is the term coined by the provider and in common public use, while “Humusierung” is the more neutral designation. The Act itself uses neither name but describes the process as accelerated decomposition.
In principle, no – compulsory burial in a cemetery continues to apply. Under certain conditions, Rhineland-Palatinate permits the urn or part of the ashes to be handed over to certain persons, but this requires a written instruction from the deceased and a last place of residence in the state. Interment on private land remains prohibited.
For deceased persons whose last place of residence was in Rhineland-Palatinate, yes, provided a corresponding instruction exists. In the other states, the route still leads abroad, because the ashes may not be released there for further processing.
The decisive factor is the will of the deceased. If it cannot be established, the person entitled to arrange the funeral decides according to the usual order of priority among relatives. Because of the short burial deadlines and the irreversibility, legal assistance should be sought immediately.
Under Section 1968 BGB, the heirs owe the costs of an appropriate funeral. Whether a particularly elaborate form is included depends on the deceased’s circumstances in life and the specific situation. It is therefore advisable to clarify the financing during your lifetime.
Conclusion
Human composting, river burial and memorial diamonds show that German burial law is opening up – slowly, unevenly and always subject to conditions. For practical purposes, this leads to a simple consequence: if you want one of these forms, you must set this down in writing during your lifetime, entrust the right person with arranging the funeral and settle the costs. If you fail to do so, you leave the decision to state law and the order of priority among relatives – and thus to chance.
Would you like to make binding arrangements for your funeral, or are you in a dispute with other relatives about the type of burial? We advise on funeral instructions and instructions on the right to arrange the funeral, on enforcing the wishes of the deceased and on allocating funeral costs within the estate: inheritance law attorney. You can find templates for your advance planning documents in our inheritance law templates section.
This article provides a general overview of the legal position and does not replace legal advice in an individual case. Burial law is state law; the rules and how they are applied differ between the federal states and are continually being amended.

















