All plots conveyed to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance.
Property RightsGeneral Provisions
Section § 8600
This law states that when someone is given ownership of a plot of land, it's assumed that the plot belongs only to that person, unless specified otherwise.
plots ownership sole property separate property
Section § 8601
If you are married to someone who owns a grave plot with multiple spaces, you automatically gain the right to be buried there. If someone marries the plot owner later, they also get this right, but only if there's more than one space still available when they marry.
The spouse of an owner of any plot containing more than one interment space has a vested right of interment of his remains in the plot and any person thereafter becoming the spouse of the owner has a vested right of interment of his remains in the plot if more than one interment space is unoccupied at the time the person becomes the spouse of the owner.
spouse burial rights grave plot ownership interment rights
Section § 8602
This law says that if someone owns a burial plot, they can't take away their spouse's right to be buried there without the spouse's written consent or joining in the decision. However, if a couple gets divorced, the spouse's right to be buried in that plot ends, unless the divorce decree says otherwise.
No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of a vested right of interment, except that a final decree of divorce between them terminates the vested right of interment unless otherwise provided in the decree.
burial plot rights vested right of interment spouse consent
Section § 8603
This law explains what happens to a cemetery plot if the owner dies without using it or legally transferring it to someone else. If the plot hasn't been used or all remains previously buried there have been removed, and the owner didn’t specify who should get the plot in their will or through a formal declaration, it automatically goes to their legal heirs. However, the rights to use the plot for burial are still given to the deceased owner and their surviving spouse first.
If no interment is made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner, or if all remains previously interred are lawfully removed, upon the death of the owner, unless he has disposed of the plot either in his will by a specific devise or by a written declaration filed and recorded in the office of the cemetery authority, the plot descends to the heirs at law of the owner subject to the rights of interment of the decedent and his surviving spouse.
interment plot heirs at law deed transfer
Section § 8604
If someone inherits cemetery property because the original owner has passed away, they do not have to pay any inheritance taxes on that property.
Cemetery property passing to an individual by reason of the death of the owner is exempt from all inheritance taxes.
cemetery property inheritance tax exemption property inheritance
Section § 8605
If someone knows about the death of a plot owner, they can sign a statement that explains who now has the right to use the cemetery plot. This statement gives the cemetery permission to let the new person use the unoccupied parts of the plot.
An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot pursuant to this chapter, is complete authorization to the cemetery authority to permit the use of the unoccupied portions of the plot by the person entitled to the use of it.
affidavit death of owner cemetery plot use
