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

Florida 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

View Entire Chapter (1) A person may not store or maintain human remains at any establishment or facility except an establishment or facility licensed under this chapter or a health care facility, medical examiner's facility, morgue, or cemetery holding facility.

A deceased body cannot be held in any place or in transit for more than 24 hours unless it is refrigerated at 40 degrees Fahrenheit or below, or is already embalmed. When being transported, a deceased body must be placed in a container designed to prevent seepage of fluids and odors.

Funeral, Cemetery, and Consumer Services Chapter 497, Florida Statutes, contains laws by which the death care industry is regulated in the State of Florida, and is an important resource for both the consumer and those involved in the death care industry.

The ?Florida dead body law? has five requirements for storing and transporting bodies of deceased humans: The only places where human remains may be stored are licensed establishments including; health care facilities, medical examiners' facilities, morgues, or cemeteries.

There is no state law that prohibits burying a family member on your property, ing to Florida's Division of Funeral, Cemetery and Consumer Services.

Burial locations: No state laws in Florida prohibit burial on private property. ing to information from the Division of Funeral, Cemetery & Consumer Services, the state allows families to establish their own cemeteries if they are less than two acres and do not offer burial spaces for sale.

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