When someone dies in New York without a will, an administrator must collect assets, pay debts, and distribute the estate. In the event of the death of the owner of a burial right any and all privileges (rights) of the plot holder shall pass to the plot holder's family.Without a will, your next of kin may inherit your assets when you die. Before any interment is made, arrangements for complete payment for the burial space and all charges for interment must be made with the Cemetery. The cemeteries will be open during the hours of sunrise to sunset. B. Persons within the cemetery ground shall use only the roadways, walks and pathways. I. The Cemetery requires a signed affidavit to transfer the cremated remains from a temporary urn to a permanent urn. We will not separate the cremated remains. Customer: In NY state are empty cemetery plots consider person property of the estate if they are not specifically given to someone in the will? It's usually not a "fee simple" ownership, but rather an "easement" right, and the transfer paperwork is generally handled internally with the cemetary.