Cemetery Plot Ownership Laws In Phoenix
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FAQ
The State Real Estate Department issues licenses for cemetery brokers and has regulatory responsibilities for cemetery development and sale of plots.
There are no state statutes that specifically permit or prohibit home burial. It is also unlikely that there are local zoning regulations regarding home burial, but you may want to review zoning before planning a family cemetery.
Arizona State Board of Funeral Directors and Embalmers.
Selling, Leasing, or Exchanging: A cemetery salesperson and broker license is required to sell, lease or exchange cemetery property or interment services. If you would like to apply for a temporary cemetery license, please click here for the checklist and application.
Caskets / Containers State law does not require a casket or container for burial. However, a rigid, combustible container is required for cremation. Crematories and cemeteries often have their own minimum requirements. A casket will not prevent the natural decomposition of a body.
You buy the 'Exclusive Right of Burial' for the grave, which means that you lease the grave space and are granted the right to bury a person of your choice in the grave for the duration of the lease. The grave itself and all the grounds of the cemetery remains under the ownership of the Local Authority.
How to Transfer Ownership of a Burial Plot Step 1 – Get the Deed From the Cemetery. Step 2 – Review the State and Local Laws. Step 3 – Prove You Are the Current Owner. Step 4 – Fill Out the Cemetery Plot Deed Transfer Form. Step 5 – Complete the Transfer and Get the New Deed.
While the cemetery retains ownership of the land, you are purchasing the right to use the land for a burial. However, some locations in the United States can potentially reclaim the space if there has been no activity with the space for an extended period of time.
Often, a cemetery will issue a ``deed'' at the sale of a grave space or lot of graves. This deed is NOT an issuance of any real estate. It is, in fact, a promissory note which prevents the cemetery from using that, particular space to bury anyone else.
