Alabama Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery

State:
Multi-State
Control #:
US-01066BG
Format:
Word; 
Rich Text
Instant download

Description

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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  • Preview Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery
  • Preview Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery
  • Preview Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery
  • Preview Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery

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FAQ

Is Home Burial Legal in California? In California, a body must be buried in an established cemetery. The power to establish places for burial or entombment rests with city or county authorities.

Family Burial Plot Laws in Alabama Generally, home burials are permitted in Alabama. However, you must check local zoning rules before establishing a family cemetery because, at minimum, you may need to undergo an inspection by the local health department.

In California, someone can be fined up to $10,000 for a home burial and end up getting charged with a misdemeanor. However, even if your state isn't on that list, there might be other regulations in place that make it tricky to go through with a backyard burial.

Caskets are not required by California law, however, there may be cemetery or mausoleum restrictions regarding caskets and outer burial containers or vaults.

Is Home Burial Legal in California? In California, a body must be buried in an established cemetery. The power to establish places for burial or entombment rests with city or county authorities.

The responsibility for making decisions devolves in the following order: agent under a power of attorney for health care, spouse or registered domestic partner, adult children, parents, adult siblings and other competent adult kin. NOTE: Exceptions may apply in certain situations.

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Alabama Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery