Massachusetts 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

How to fill out Petition By Surviving Spouse To Change Place Of Interment From Mausoleum To Family Plot In Same Cemetery?

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FAQ

Caskets and Vaults Neither is required by state law for burial; however, many cemeteries require a vault or grave liner. A rigid combustible container is required for cremation.

Since the care of the deceased is the responsibility of his or her legal next of kin, the surviving spouse would typically be the one to authorize the cremation. If unmarried, this responsibility would then fall to children, grandchildren, parents, siblings, and others as necessary by degrees of kinship.

Home burials are not prohibited by state law, but the decedent's family must first obtain written approval from the local BOH and the local governing body. A home burial is only possible if the property is under the control of the decedent's family.

Burial can take place as soon as a permit is issued and the cemetery is ready. Burial must take place in a municipal or private cemetery approved by the local board of health. If cremated remains are to be buried in a cemetery, a burial permit must be provided to the cemetery.

No state law requires the use of a casket for burial. A person can be directly interred in the earth, in a shroud, or in a vault without a casket.

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