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.
Pennsylvania Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery: In Pennsylvania, when a surviving spouse wishes to change the place of interment from a mausoleum to a family plot within the same cemetery, they can file a petition with the relevant court. This petition allows the surviving spouse to seek permission for the transfer and provides an opportunity to present adequate reasons for the desired change. Keywords: Pennsylvania, petition, surviving spouse, change place of interment, mausoleum, family plot, same cemetery, court, transfer, reasons. Types of Pennsylvania Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery: 1. Pennsylvania Petition by Surviving Spouse to Change Place of Interment — This is the main type of petition filed by a surviving spouse to request a change in the place of interment within the same cemetery. 2. Pennsylvania Petition by Surviving Spouse to Change Place of Interment From Mausoleum — This specific type of petition highlights the intention to relocate the deceased from a mausoleum to a different burial site within the same cemetery. 3. Pennsylvania Petition by Surviving Spouse to Change Place of Interment to Family Plot — This type of petition focuses on the surviving spouse's desire to move the remains to a designated family plot within the same cemetery. 4. Pennsylvania Petition by Surviving Spouse to Change Place of Interment in Same Cemetery — This broad type of petition covers any request by a surviving spouse to alter the interment location within the same cemetery, regardless of the specific plot or structure involved. It's important for a surviving spouse to consult with legal professionals experienced in Pennsylvania probate and burial laws to ensure the petition is drafted correctly and adheres to the state's requirements. The court will evaluate the merits of the petition, considering factors such as the deceased's original intentions, the surviving spouse's reasons for the change, and any objections from other interested parties. By filing a Pennsylvania Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery, individuals can honor their loved one's wishes and find solace in knowing they will rest in a location that holds special significance to the family.