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.
The Oklahoma Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery is a legal process that allows the surviving spouse to request a transfer of their loved one's resting place. This petition is specifically designed for cases where the interment initially took place in a mausoleum but now, the surviving spouse wishes to move their loved one's remains to a family plot within the same cemetery. In Oklahoma, there might be different types of petitions related to changing the place of interment. Some key variations include: 1. Oklahoma Petition by Surviving Spouse to Change Place of Interment from Mausoleum to Family Plot in Same Cemetery (Standard Process): This type of petition offers a standard procedure for the surviving spouse to request the relocation of their loved one's remains from a mausoleum to a family plot within the same cemetery. It may require the petitioner to provide necessary documentation, such as a death certificate, marriage certificate, and proof of ownership of the family plot. 2. Oklahoma Expedited Petition by Surviving Spouse for Immediate Change of Place of Interment: In urgent cases, where there may be extenuating circumstances or time constraints, this expedited petition allows the surviving spouse to apply for an immediate change of interment place. This could be beneficial when the spouse wishes to have their loved one interred in the family plot as soon as possible. 3. Oklahoma Petition by Surviving Spouse to Change Place of Interment from Mausoleum to Different Cemetery: While the initial petition focuses on relocating the remains within the same cemetery, this variation allows the surviving spouse to request the transfer to a different cemetery altogether. This petition process may involve additional requirements, such as obtaining permission from the receiving cemetery. When filing an Oklahoma Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery, it is essential to consult with an attorney experienced in estate laws to ensure all legal requirements are met. Additionally, it is advisable to gather all relevant documents and information pertaining to the interment and family plot to facilitate a smooth application process. Remember, each type of petition may have specific requirements and procedures, so it is crucial to review the relevant laws and regulations pertaining to the desired change of interment place.The Oklahoma Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery is a legal process that allows the surviving spouse to request a transfer of their loved one's resting place. This petition is specifically designed for cases where the interment initially took place in a mausoleum but now, the surviving spouse wishes to move their loved one's remains to a family plot within the same cemetery. In Oklahoma, there might be different types of petitions related to changing the place of interment. Some key variations include: 1. Oklahoma Petition by Surviving Spouse to Change Place of Interment from Mausoleum to Family Plot in Same Cemetery (Standard Process): This type of petition offers a standard procedure for the surviving spouse to request the relocation of their loved one's remains from a mausoleum to a family plot within the same cemetery. It may require the petitioner to provide necessary documentation, such as a death certificate, marriage certificate, and proof of ownership of the family plot. 2. Oklahoma Expedited Petition by Surviving Spouse for Immediate Change of Place of Interment: In urgent cases, where there may be extenuating circumstances or time constraints, this expedited petition allows the surviving spouse to apply for an immediate change of interment place. This could be beneficial when the spouse wishes to have their loved one interred in the family plot as soon as possible. 3. Oklahoma Petition by Surviving Spouse to Change Place of Interment from Mausoleum to Different Cemetery: While the initial petition focuses on relocating the remains within the same cemetery, this variation allows the surviving spouse to request the transfer to a different cemetery altogether. This petition process may involve additional requirements, such as obtaining permission from the receiving cemetery. When filing an Oklahoma Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery, it is essential to consult with an attorney experienced in estate laws to ensure all legal requirements are met. Additionally, it is advisable to gather all relevant documents and information pertaining to the interment and family plot to facilitate a smooth application process. Remember, each type of petition may have specific requirements and procedures, so it is crucial to review the relevant laws and regulations pertaining to the desired change of interment place.
