In a conveyance to two or more persons as joint tenants each joint tenant has a vested right of interment in the plot conveyed.
Property RightsJoint Tenants
Section § 8625
When a burial plot is given to two or more people as joint tenants, each person has an established right to be buried there.
joint tenants burial plot right of interment
Section § 8626
When someone who co-owns a burial plot passes away, the rights to the plot automatically go to the remaining co-owner(s). However, the deceased's right to be buried there is still honored.
Upon the death of a joint tenant, the title to the plot held in joint tenancy immediately vests in the survivors, subject to the vested right of interment of the remains of the deceased joint tenant.
joint tenancy burial plot rights survivor rights
Section § 8627
If cemetery property is owned jointly by more than one person, it doesn't have to follow the usual probate process required to confirm a person's death when determining who owns the property.
Cemetery property held in joint tenancy is exempt from the provisions of the Probate Code relating to proceedings for establishing the fact of death of a person whose death affects title to real property.
cemetery property joint tenancy probate exemption
Section § 8628
This law section explains that if someone who knows the facts provides a sworn statement (affidavit) about the death of one joint tenant and identifies the other joint tenants listed in a plot's deed, the cemetery can use this document as permission to let the remaining joint tenants decide what to do with any empty part of the plot. This means the surviving joint tenants have the authority to direct use of the plot without needing further paperwork.
An affidavit by any person having knowledge of the facts setting forth the fact of the death of one joint tenant and establishing the identity of the surviving joint tenants named in the deed to any plot, when filed with the cemetery authority operating the cemetery in which the plot is located, is complete authorization to the cemetery authority to permit the use of the unoccupied portion of the plot in accordance with the directions of the surviving joint tenants or their successors in interest.
affidavit death of joint tenant joint tenants
Section § 8629
If multiple people own a cemetery plot or the rights to bury there, they can choose someone to represent them and notify the cemetery. If they don't, the cemetery can allow a burial if one of the co-owners requests it, without needing consent from the others, and won't be liable for doing so.
When there are several owners of a plot, or of rights of interment in it, they may designate one or more persons to represent the plot and file written notice of designation with the cemetery authority. In the absence of such notice or of written objection to its so doing, the cemetery authority is not liable to any owner for interring or permitting an interment in the plot upon the request or direction of any coowner of the plot.
multiple owners cemetery plot interment rights
