This form seeks the re-internment of decedent's remains on the grounds that the cemetery breached its contract with Petitioner for the perpetual care of Decedent's grave by allowing the grave to become overgrown with weeds and otherwise abused and neglected. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alabama Petition To Remove and Reinter Remains - Burial
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FAQ
There are no laws in Alabama that prohibit home burial, but you should check local zoning rules before establishing a family cemetery. You can most likely hold a home burial if you live in a rural area.
Examples of situations where exhumation may occur include: For family reasons (for example if the family of the deceased person want the remains to be moved to another burial ground) For public health reasons (for example if a cemetery is being moved)
To carry out an exhumation you will need to apply for one with an exhumation license, where you will be able to detail the reason you require the exhumation of a deceased. For assistance writing an exhumation license application, contact us for free advice. Visit our exhumation license page for further information.
Under Alabama state law, there is a 24 hour waiting period from the time of death before a cremation may take place. After which, most funeral homes advise 24-48 hours before the cremains are ready.
Just like funeral planning, moving a casket and remains to a new burial site involves hiring professionals. You'll need to spend money on religious officials and funeral homes if you arrange a funeral. Moving a grave requires an exhumation license, state permits, and other paperwork that could become costly.
While it's true that, in the state of Alabama, only licensed funeral directors may sell caskets (Alabama Code: 34-13-1(a)(25)), federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. You may also build your own casket, if you prefer.
The current burial sites within the cemetery continue to be maintained. In some cases, the management of the cemetery may opt to open up a new cemetery elsewhere.
ALABAMA (AL) State law decrees that individual counties are responsible for necessary burial or cremation expenses if the decedent's immediate family members cannot afford to pay the funeral costs (cremation is offered unless the deceased's religion prohibits it).
Together, these costs tend to range between $5,000 and $15,000. If you are planning to exhume a body or remains, you'll have to pay for the funeral costs out of pocket and navigate the red tape involved.
Generally, home burials are permitted in Alabama. However, you must check local zoning rules before establishing a family cemetery because, at minimum, you may need to undergo an inspection by the local health department.