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.
New Hampshire Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery Keywords: New Hampshire, petition, surviving spouse, change place of interment, Mausoleum, family plot, cemetery Introduction: In New Hampshire, a surviving spouse has the right to petition for a change of interment place from a mausoleum to a family plot within the same cemetery. This legal process allows the surviving spouse to honor their loved one's wishes and ensure they are laid to rest alongside family members. This article will provide a detailed description of the New Hampshire petition process and offer insights into potential variations of this petition. Understanding the Petition: When a surviving spouse wishes to change the place of interment for their deceased partner from a mausoleum to a family plot within the same cemetery, they must file a petition with the appropriate authorities. This petition serves as a formal request for relocation and requires certain paperwork and documentation. The petition typically includes relevant details such as the deceased spouse's information, the current location of interment, and the desired family plot location. It is essential to ensure the proposed plot is available and meets the cemetery's rules and regulations. Types of New Hampshire Petitions to Change Place of Interment: 1. Petition for Relocation in the Same Cemetery: This is the most common type of petition, where the surviving spouse seeks to move the remains from the mausoleum to a designated family plot within the same cemetery. 2. Petition for Relocation to a Different Cemetery: In some cases, the surviving spouse may wish to move the remains to a different cemetery altogether. This type of petition involves additional complexity, as it may require obtaining consent from both the original and new cemetery officials. Process of Filing the Petition: To initiate a New Hampshire petition by a surviving spouse to change the place of interment from a mausoleum to a family plot in the same cemetery, the following steps must typically be followed: 1. Gather Necessary Documents: Start by acquiring the required documents, such as marriage certificates, death certificates, and any written instructions or wishes regarding interment. 2. Contact the Cemetery: Reach out to the cemetery where the mausoleum and family plot are located to understand their specific requirements and obtain permission to file the petition. 3. Preparing the Petition: Create a formal petition, including relevant details, such as the deceased spouse's name, date of death, current place of interment, and the desired family plot location. Attach copies of the supporting documents to the petition. 4. Filing the Petition: Submit the completed petition to the appropriate authorities, which is typically a local court or the town clerk's office. Pay any required filing fees and obtain a copy of the filed petition for your records. 5. Attend a Hearing: After filing the petition, the court or relevant authority may schedule a hearing to review the request. The surviving spouse, and sometimes other interested parties, may be required to attend and provide further evidence of their intent and reasons behind the request. 6. Receiving Approval: If the petition is approved, the surviving spouse will receive an official order permitting the change of interment place. This order can then be presented to the cemetery officials to proceed with the relocation. Conclusion: New Hampshire provides a legal avenue for surviving spouses to petition for a change of interment place from a mausoleum to a family plot within the same cemetery. The petitioning process involves gathering necessary documents, filing the petition, attending a hearing, and ultimately receiving approval. Understanding the variations, such as petitions for relocation to a different cemetery, can help to survive spouses navigate the process effectively and honor their loved one's final wishes.New Hampshire Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery Keywords: New Hampshire, petition, surviving spouse, change place of interment, Mausoleum, family plot, cemetery Introduction: In New Hampshire, a surviving spouse has the right to petition for a change of interment place from a mausoleum to a family plot within the same cemetery. This legal process allows the surviving spouse to honor their loved one's wishes and ensure they are laid to rest alongside family members. This article will provide a detailed description of the New Hampshire petition process and offer insights into potential variations of this petition. Understanding the Petition: When a surviving spouse wishes to change the place of interment for their deceased partner from a mausoleum to a family plot within the same cemetery, they must file a petition with the appropriate authorities. This petition serves as a formal request for relocation and requires certain paperwork and documentation. The petition typically includes relevant details such as the deceased spouse's information, the current location of interment, and the desired family plot location. It is essential to ensure the proposed plot is available and meets the cemetery's rules and regulations. Types of New Hampshire Petitions to Change Place of Interment: 1. Petition for Relocation in the Same Cemetery: This is the most common type of petition, where the surviving spouse seeks to move the remains from the mausoleum to a designated family plot within the same cemetery. 2. Petition for Relocation to a Different Cemetery: In some cases, the surviving spouse may wish to move the remains to a different cemetery altogether. This type of petition involves additional complexity, as it may require obtaining consent from both the original and new cemetery officials. Process of Filing the Petition: To initiate a New Hampshire petition by a surviving spouse to change the place of interment from a mausoleum to a family plot in the same cemetery, the following steps must typically be followed: 1. Gather Necessary Documents: Start by acquiring the required documents, such as marriage certificates, death certificates, and any written instructions or wishes regarding interment. 2. Contact the Cemetery: Reach out to the cemetery where the mausoleum and family plot are located to understand their specific requirements and obtain permission to file the petition. 3. Preparing the Petition: Create a formal petition, including relevant details, such as the deceased spouse's name, date of death, current place of interment, and the desired family plot location. Attach copies of the supporting documents to the petition. 4. Filing the Petition: Submit the completed petition to the appropriate authorities, which is typically a local court or the town clerk's office. Pay any required filing fees and obtain a copy of the filed petition for your records. 5. Attend a Hearing: After filing the petition, the court or relevant authority may schedule a hearing to review the request. The surviving spouse, and sometimes other interested parties, may be required to attend and provide further evidence of their intent and reasons behind the request. 6. Receiving Approval: If the petition is approved, the surviving spouse will receive an official order permitting the change of interment place. This order can then be presented to the cemetery officials to proceed with the relocation. Conclusion: New Hampshire provides a legal avenue for surviving spouses to petition for a change of interment place from a mausoleum to a family plot within the same cemetery. The petitioning process involves gathering necessary documents, filing the petition, attending a hearing, and ultimately receiving approval. Understanding the variations, such as petitions for relocation to a different cemetery, can help to survive spouses navigate the process effectively and honor their loved one's final wishes.
