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.
Hawaii Petition To Remove and Reinter Remains - Burial
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US-01065BG
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How to fill out Petition To Remove And Reinter Remains - Burial?
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(b) All unclaimed dead human bodies shall be cremated. The department may bear the cost of the mortuary and crematory services for unclaimed dead human bodies furnished by any licensed provider of mortuary or crematory services.
In Hawaiian culture, bones are seen as a significant part of the body because it contains a person's mana, or their spiritual essence. Native Hawaiians would often bury their dead in secret caves, and the bones were then washed carefully, wrapped, and then buried.
(b) Cremated remains may be placed in a grave, crypt, or niche, by scattering them at sea, on uninhabited public land with written consent of the public land authority, or in a scattering area as defined in this chapter, or in any manner on the private property of a consenting owner.
In most cases, local governments use direct cremation to dispose of unclaimed bodies and the cremains are stored for a set period of time. After being stored the cremains may be scattered. The Cremation Society of North America has estimated that there are currently 2 million unclaimed cremated remains in the U.S.
While Hawaii does allow "family burial plots" (Haw. Rev. Stat. § 441-5.5), before burying a body on private land or establishing a family cemetery, you should check with the local registrar for any rules specific to your area.
When next-of-kin refuses to claim the deceased, the person is asked to authorize a county cremation or burial and waive future claims to the body and remains. If there is no response, a follow-up letter is sent with a deadline, after which counties move forward with disposal.