What To Know About Owning a Cemetery Plot

From purchasing plots to transferring ownership or understanding your rights, having the right information allows you to make thoughtful choices that respect both legal requirements and personal preferences. For an in-depth look at the details and options surrounding cemetery property ownership, keep reading. 

Table of contents

Purchasing cemetery property

Using your property

Long-term ownership

How to sell or transfer property

Purchasing a cemetery plot or cremation property

If you’ve decided to purchase a cemetery plot or cremation property, there are a few basic points to understand.

If you’d like to purchase a number of plots and allocate their use to different family members, one way to do this is to identify them in the purchase paperwork as the “owners” of each of the plot spaces.

You are not buying land.

Generally speaking, when you buy a cemetery plot, you aren’t purchasing land. Cemetery plot ownership laws dictate that the cemetery remains the actual owner of the land or physical property. Instead, what you’re buying is the right to inter (bury) someone in that space subject to the rules and regulations that govern the cemetery.

There may be associated costs.

In addition to the cost of the plot itself, you will likely encounter charges for the following as well:

• An outer burial container to protect the casket (if required by state law or the cemetery)
• A marker (if you want one)
• A charge for perpetual care, or upkeep of the cemetery (though this is sometimes included)
• Installation fees for the outer burial container and marker
• Opening and closing fees of the burial site

Using your burial plot

When it comes time to use a burial plot, there are several steps.

Signatures are required at placement.

If the owner and the beneficiary are the same person, their next of kin will likely be required to sign the papers, though this varies from state to state. Ask your chosen cemetery’s representative what the state’s laws are.

If ownership has been placed into a trust, then the trustee will typically need to authorize any interment.

The above authorization is required for the use of the burial plot; however, the person or persons with the right to authorize disposition under state law will also be required to authorize the burial.

Opening and closing fees must be paid.

It’s important to understand that grave opening and closing fees are not included in the price of a cemetery plot, nor are they automatically included in most prepaid burial plans.

These fees usually run between about $1,500 and $2,300, and they apply to different types of cemetery property, even if the burial is aboveground, like in a mausoleum or columbarium. This is because they cover not just excavation and equipment but also other expenses associated with interment, including cemetery staff and general cemetery overhead costs.  The cost of this fee varies by cemetery and we encourage you to check with a representative of the cemetery you desire to use to determine the actual cost.

Dignity Memorial cemeteries allow opening and closing prices to be locked in when selecting a prepaid burial plan. If you’re planning ahead, be sure to ask questions so you understand all of your options.

Disputes can arise.

Sometimes, a family or several families may disagree about who owns a cemetery plot, or if there are multiple owners, they may disagree about who has priority of use.

The best way to prevent a dispute over grave ownership is to maintain clear records.

Ownership in the long term

How long you own a cemetery plot may be affected by a variety of considerations.

Agreement expiration dates

When you purchase a burial plot, it’s best to ask how long you will have the right to that space. It may range from 25 years to 100 years to forever.

A cemetery also may offer agreement renewals once a lot nears its agreement’s expiration date. You can then set the terms for a new agreement and make a new payment for the lot.

Cemetery longevity

What happens to cemeteries after 100 years depends on a variety of different factors, including who owns the cemetery and where it’s located. Different states have different laws and regulations, and private and public cemeteries will have different practices as well. Theoretically, a cemetery maintains its grounds indefinitely.

In practice, a cemetery may be abandoned at some point, or it may be sold. Some states have government agencies that may help complete a cemetery’s day-to-day activities and make sure any agreements are honored.

Plot Leases

Development may also cause a cemetery to close or relocate. If this happens, leases on cemetery plots may be canceled.

Green burials and renewable grave use

Some green burial sites offer renewable or “successive” lots, which rotate every 50 or 75 years. When the time period is up, the grave is opened and deepened, and a new burial is placed above the old. This may happen three or four times at the same gravesite.

Headstones may also move as part of this process, from standing above the grave to adorning a nearby walkway. These practices are fairly rare, and each cemetery has its own approach, so be sure to ask your chosen cemetery’s representative what the policies are before you buy.

How to sell or transfer ownership of a cemetery plot

Perhaps you’re moving out of the area, or you’ve changed your plans. If so, here are some guidelines for how to arrange sales or transfers. Whether you’re selling or transferring a plot, the process is basically the same for each.

If you know whom you’ll be transferring the plot to, you can move forward on your own with the following steps:

• Take the original certificate of interment rights to the cemetery. If you don’t have this document, get a signed affidavit.
• Take a copy of the will or trust, if relevant.
• Both the seller and buyer must sign a quitclaim form and other paperwork.
• Pay any applicable fees, such as a transfer fee.

While the cemetery is involved with the transfer of ownership, it isn’t involved with any exchanges of money from the sale itself.

Consider your burial plot separately when doing estate planning.

Even if a will, trust or power of attorney states that all property should be transferred to a specific person, burial plots may not be included, because in some cases, state law of the rules and regulations that govern the cemetery dictate otherwise.

Many times, the inheritance of grave plots requires specific language in the will or other legal documents that indicate the recipient, as well as the cemetery and plot numbers. To complete the transfer, the person receiving the cemetery plots will need to go to the cemetery to file paperwork.

Always consult with a trusted attorney or financial advisor to help guide you with estate planning.