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Arkansas
Petition by Surviving Spouse to Change Place of Interment From...

Arkansas Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery

Category:

Civil Procedure - Interment

State:

Multi-State

Control #:

US-01066BG

Format:

Instant download

Description

Courts of equity are empowered to settle controversies as to the burial of the dead, the care of their remains, and the preservation of the place of interment from unnecessary disturbance. The right to remove a dead body from one burial place to another generally rests with the surviving spouse where there is one, otherwise, with the closet next of kin. Some jurisdictions provide for court permission to remove a body from a cemetery if the consent of the cemetery and of certain surviving relatives cannot be obtained. Courts are reluctant to order disinterment and will attempt to provide relief without disturbing the body if that is possible.

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.

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How to fill out Petition By Surviving Spouse To Change Place Of Interment From Mausoleum To Family Plot In Same Cemetery?

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FAQ

When this happens, the cemetery stops receiving new burials. 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. They will therefore be able to receive more burials at the new site.

Or would you like to arrange to have both you and your spouse buried in the same plot at a cemetery? Either way, you should know that you can have two caskets placed into the same plot if you so choose. Double depth is something that makes it possible for two caskets to be put into a single burial plot.

How long do you own the cemetery plot? 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.

If you want to bury a body on private land, you may be permitted to establish a family graveyard. Contact the local health department and check town and county zoning laws before you proceed. You must register a family graveyard with the county clerk before holding a burial.

Exhumations are rare and tend to be traumatic for the family involved. They can take a long time to arrange and are usually expensive. It's always best to consult with all the relatives before proceeding.

Unless the other lot owners are willing to switch locations, you are, at some point, going to have a problem. I would contact the other lot owners and inform them of the situation. They would also have a cause of action against the cemetery for trespass and encroachment of their lot.

depth burial is perhaps the most accessible alternative to arrange with your local cemetery network. Here, you will be required to prepurchase a grave space together. The two caskets will be placed oneontop of each other in most cases.

A private grave will normally hold four adult interments, but no guarantees can be made as ground conditions vary from time to time and from place to place, which affects grave capacity. We do our utmost to dig the graves at maximum depth.

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.

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.

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