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

State:
Multi-State
Control #:
US-01066BG
Format:
Word; 
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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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  • Preview Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery
  • Preview Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery
  • Preview Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery

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FAQ

A mausoleum burial is similar to any other cemetery burial. Burial in a mausoleum is an above-ground process compared to burial on the earth. Interment of the deceased may be below ground level within the mausoleum, even with the structure of the cemetery mausoleum primarily above ground.

What's the difference between burial and interment? The difference comes down to whether your loved one's body has been cremated or not. Burial is the process of burying a person's non-cremated body, whereas interment involves putting a person's cremated ashes in a permanent resting place.

In Oregon, burial on your own private property is an option, although rarely selected. Most cemeteries require the use of a casket and outer burial container, such as grave liner or burial vault; however, this is not required by law.

The service can be led by a religious leader, humanist, or someone close to the deceased, and may include prayers, readings, and poems. The ashes are usually placed inside an urn, sealed, and then lowered into the ground. Depending on the site, some interments may not need an urn at all.

The Oregon Mortuary and Cemetery Board is responsible for licensing and regulating individuals and establishments engaged in the sale of funeral and cemetery goods and services as well as the care, preparation, processing, transportation and final disposition of human remains.

If you are planning a entombment (burial in a mausoleum crypt), or are planning on entombing cremated remains, you have a number of options.

Burial, also known as interment or inhumation, is a method of final disposition whereby a dead body is placed into the ground, sometimes with objects. This is usually accomplished by excavating a pit or trench, placing the deceased and objects in it, and covering it over.

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