Cemetery Plot Ownership Laws In Texas
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There are no state laws in Texas prohibiting home burial, but local governments may have rules governing private burials. Before burying a body on private property or establishing a family cemetery, you should check with the county or town clerk for any zoning laws you must follow.
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.
Section 711.041 of the Health and Safety Code states that access to a cemetery cannot be denied by the surrounding landowner (please see attached). The Texas Historical Commission is not a law enforce agency and cannot enforce laws. This responsibility falls to local law enforcement.
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.
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.
In most cases, when you buy a plot, you own it forever. There are some states with laws that allow them to reclaim the space if a certain amount of time passes with no activity at the gravesite. This time span is usually 50 years or more. Check with your estate attorney to see if this type of law applies to you.
Owned and managed by local government entities like a city or town, municipal cemeteries are typically operated as non-profits. Revenue from interments and memorials covers the costs of upkeep and maintenance.
Cemetery property is owned by the cemetery corporation. The real property is not sold. The lot “owner” receives three privileges: the right of burial, the right to memorialize and the right to vote at lot owner meetings. Q.
Texas' automatic right of interment states that the plots pass first to your surviving spouse, otherwise to your children on a first come, first need basis and then finally to your heirs at law.