A burial plot is essentially a very tiny piece of leased land. Most of the time the plot is reserved for someone as their final resting place after death, but that isn’t always what happens. Sometimes a burial plot goes unused by the person who purchased it.
What happens to burial plots if the owner dies and isn’t buried? What if they choose to be cremated instead? Or they bought a plot for a loved one who plans to be cremated or buried somewhere else?
It’s not uncommon for people to buy more than one burial plot at once so that loved ones can be buried together. It’s why family burial plots exist. For that reason, it’s actually quite common for people to inherit burial plots. And just like other types of real estate, ownership needs to be transferred.
If you have to transfer ownership of a burial plot, below is a rundown of what typically happens.
Step 1 – Get the Deed From the Cemetery
It’s a bit grim, but think of a cemetery kind of like an HOA for the dead. The cemetery holds all the records related to its burial plots, while overseeing management of the grounds. If you need to transfer ownership of a burial plot the first thing you’ll need to do is contact the cemetery where it’s located.
Any piece of real estate will have a deed stating who owns the parcel, and usually the cemetery will have a copy because they actually own the land. That’s right. You don’t actually own the land for a burial plot, just the rights to use it for a burial. But those rights that were purchased are transferable, just like a piece of property.
Once you have the burial plot deed in hand review all of the information. The most important part is the information regarding who owns the plot. Hopefully, it should list your deceased loved one as the owner.
*The County should also have a record of the deed for a burial plot if the cemetery doesn’t have it.
Step 2 – Review the State and Local Laws
Because burial plots involve land use, it is regulated at a state and local level. You’ll need to review the state and local laws regarding the exchange, sale or transfer of burial plots. Each area is different in how the process is handled and what is required for a transfer.
Step 3 – Prove You Are the Current Owner
Now that you’ve established the burial plot was in the deceased’s name, there’s more documentation to gather to prove they left it to you. In order to transfer ownership you’ll need proof that shows:
- The deceased passed away:
- Death certificate
- Who you are:
- Drivers license
- Passport
- Other government issued ID with a photo
- Your relationship to the deceased:
- Proof of marriage
- Birth certificate with parent’s name listed
- That you are the rightful owner
- Will
- Trust agreement
- Probate court orders
You may also need certified documents that show you have the right to request a transfer of the burial plot. If the burial plot was distributed through a trust, will or estate plan that documentation should be provided along with any supporting documents.
You should consider consulting an attorney that works with estates if it could be difficult to prove any of the above points. They can provide professional guidance on what information will be needed and how to handle any ownership disputes.
Step 4 – Fill Out the Cemetery Plot Deed Transfer Form
A cemetery plot deed transfer form has to be submitted along with the necessary proof of identity. Be prepared to pay a transfer fee as well, which can be quite high. Cemeteries pay for management of the grounds and administrative work through fees for conducting services like transferring a burial plot deed to an heir.
Also, don’t be surprised if the cemetery wants to purchase the deed back from you. If you aren’t interested in being buried, this will give the cemetery the opportunity to buy it and have more control over who owns the deed. If you do want to sell it to someone else the purchase may have to be done through the cemetery.
Step 5 – Complete the Transfer and Get the New Deed
The cemetery will process all of the paperwork to officially transfer the burial plot so the deed is in your name. You should receive a copy of the deed showing you as the owner. If you don’t receive one make sure to touch base with the cemetery so you have one for your records.
After the transfer there may be additional paperwork to file with the County so that their records are updated.
Once the deed for the burial plot is in your name you can do whatever you want with it. You can use it for yourself in the future, sell the burial plot or simply hold on to it, even if you plan to be cremated. Because burial plots are getting scarce and more expensive in certain areas, some people choose to wait to sell.
If you need a plot for natural burial, Cremation.Green can help. There are several cemeteries in Texas that offer green burial sites that can be used for a funeral now or reserved for future use. Our team can be reached at any time by phone, text or email.
