Tennessee PROBATE - Disposal of Bodily Remains

State:
Tennessee
Control #:
TN-SKU-0582
Format:
Word
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Description

PROBATE - Disposal of Bodily Remains

Tennessee PROBATE — Disposal of Bodily Remains is the process of determining the final disposition of a decedent's remains. This includes obtaining documents that provide legal authority to act on behalf of the decedent, such as a death certificate and letters of administration. The court system in Tennessee is responsible for supervising the process. The two main types of Tennessee PROBATE — Disposal of Bodily Remains are direct disposition, wherein the decedent's remains are directly disposed of in accordance with the decedent's wishes, and indirect disposition, wherein the decedent's remains are disposed of in accordance with the wishes of the decedent's family. In either case, the court must approve the final disposition of the remains. In direct disposition, the decedent's wishes must be established either through a written document, such as a will, or through the testimony of two or more witnesses. The court must then approve the disposition and issue a court order directing the appropriate parties to act accordingly. In indirect disposition, the decedent's family must establish the decedent's wishes either through a written document, such as a will, or through the testimony of two or more witnesses. The court must then approve the disposition and issue a court order directing the appropriate parties to act accordingly. In either case, the court must be satisfied that the decedent's wishes are being honored and that the disposition is in accordance with state law. Once the court order is issued, the appropriate parties must take the necessary steps to carry out the disposition.

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FAQ

The answer to all these questions is: yes. It is possible, legal and safe to bury someone's cremated ashes on private or public property, including your own yard. Other places that can be used for burying cremated remains include: Cemetery plot.

Tennessee state law does NOT require a burial vault. However, many cemeteries have regulations that stipulate a requirement for a burial vault. This is because they wish to protect the gravesite from subsidence, especially where machinery is used to maintain the grounds.

All human remains in the state of Tennessee are protected under state law. It is illegal to knowingly tamper with, excavate, or disinter human burials, gravesites, or funerary objects of any age or cultural affiliation, without a Chancery court order.

Only three states have outlawed home burial. They are Indiana, California, and Washington.

Most bodies are buried in cemeteries, but there are no state laws in Tennessee that prohibit burial on private property.

46-8-103 - Duty to protect graves or crypt- Disturbances prohibited- Transfer of remains. remains on the property conveyed obligates the immediate and future buyer or buyers of the property to protect the gravesite or crypt from disturbance.

There are no state laws that prohibit where you can bury your deceased loved one. However, your county or local municipality may have ordinances you have to follow.

More info

The Basic Law: A dead body is the physical remains of an expired human being prior to complete decomposition. When a loved one dies, how can you ensure the proper disposition of remains?Is a surviving spouse required to obtain court approval? The remains or a dead body is considered abandoned if no one takes custody and control of the remains or dead body for a period of 15 days. Human remains can be donated, buried, entombed, or cremated. The most common dispositions are burial and cremation. What if you lack a disposition of remains document? The disposition of your remains is what you want done with your body following death. Sec. 30. Prohibition of cremation; written instructions. May use this form to petition for custody, control or disposition of the deceased person's body or ashes following cremation.

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Tennessee PROBATE - Disposal of Bodily Remains