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Petition by Surviving Spouse to Change Place of Interment From...

Plot Cemetery

Name: Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.63 (340 reviews)

Category:

Civil Procedure - Interment

State:

Multi-State

Control #:

US-01066BG

Format:

Instant download

Description Surviving Spouse Family

Courts of equity are empowered to settle controversies as to the burial of the dead, the care of their remains, and the preservation of the place of interment from unnecessary disturbance. The right to remove a dead body from one burial place to another generally rests with the surviving spouse where there is one, otherwise, with the closet next of kin. Some jurisdictions provide for court permission to remove a body from a cemetery if the consent of the cemetery and of certain surviving relatives cannot be obtained. Courts are reluctant to order disinterment and will attempt to provide relief without disturbing the body if that is possible.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Plot Cemetery Form?

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Spouse Place FAQ

You will need to contact the current cemetery and the new cemetery to coordinate plans for the transfer of the body. When having a body disinterred and moved, you may need to purchase a new casket for the transportation and reburial.

Exhumation licences. You need a licence to exhume both buried and cremated remains. In certain circumstances an environmental health officer may also be required at the site of exhumation. They will supervise the event and ensure that respect for the deceased person is maintained and that public health is protected.

Exhume means to dig up a dead body for medical investigation or other purposes. A person seeking to exhume a body must usually petition to have the body exhumed. Because of the general disinclination to disturb remains, a valid reason is required before exhumation will be allowed.

The costs for exhuming the grave may cost $3,000-$5,000 for the exhumation itself as well as the presence of a funeral director at the exhumation, which can cost $1,000 or more. You may need a state permit for the exhumation, the cost of which varies from state to state.

The exhumation order is issued by the Sheriff on petition of the Procurator Fiscal (Chapter 4) if crime is sus- pected. Private exhumations, for example for re-interment, are authorized by the Sheriff or Court of Session upon the applica- tion of a near relative.

If you want to exhume cremated remains from consecrated ground, you will need to get a Faculty (permission) from the Chancellor of the Diocese (the legal part of the church in that area).Therefore you will need to go to a Sheriff's court to have an exhumation granted, this can be expensive.

What happens when the lease expires, on a new grave for 50 or 75 years? When you buy a grave you purchase the rights of burial in that grave for a set period of time. If the lease is not renewed, the burial rights will run out. No further internments may then be allowed in the grave.

When the lease is due to expire, the grave owner will be sent a letter, inviting them to renew for further periods. The owner can then opt to renew the exclusive rights of burial for a further term.Existing burials in the plot are not removed or disturbed, but remaining space in the plot may be resold.

There may be paperwork you must fill out to obtain permission to exhume the body. Be aware that exhumation of a body is quite expensive.An embalmed body can be cremated. My mother wanted my father to be visible at his visitation, so at her wishes he was embalmed and shown at the funeral home.

Plot Cemetery

Description Surviving Spouse Family

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Plot Cemetery Paper Other Form Names

Spouse Place FAQ

How do you move a body from one cemetery to another?

Can you exhume a grave?

What is the process to exhume a body?

How much does it cost to exhume a grave?

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Can you exhume ashes?

What happens when a grave lease expires?

What happens to the body when a grave lease expires?

Can you exhume a body and have it cremated?

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