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.
Texas Petition To Remove and Reinter Remains - Burial
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US-01065BG
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(A) The exhumation of identified graves in a cemetery where a cemetery organization or other governing body exists or in a family cemetery may be performed by a cemetery keeper, licensed funeral director, medical examiner, coroner or professional archeologist.
A body that is buried can be exhumed, should any question arise, however cremation is truly final. Because of this, many states including Texas, legally stipulate how long a crematory must wait before cremation occurs.
Can You Bury a Body at Home in Texas? There are no state laws in Texas prohibiting home burial, but local governments may have rules governing private burials. Before burying a body on private property or establishing a family cemetery, you should check with the county or town clerk for any zoning laws you must follow.
In Texas, a family can conduct a burial without using a licensed funeral director. Caskets and burial containers are not required by law in Texas. A statement of death within 24 hours and a death certificate within ten days are legally required.
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.
A person seeking to exhume a body must usually petition to have the body exhumed. Because of the general disinclination to disturb remains, a valid reason is required before exhumation will be allowed. Exhumation means the removal from the ground of a body or cremated remains.
Body is exhumed under the supervision of a magistrate in the presence of a doctor. The presence of a police officer is required for providing witness to the identity the grave, the coffin and the dead body as well as maintaining law and order.
Exhumation (disinterment) of a body legally buried in consecrated ground may be undertaken for an investigation of that individual's death initiated after burial; for an enquiry into another, potentially connected death that requires examination of that body; or if misidentification of the individual is alleged.
Can you exhume an embalmed body and have it cremated? Depending on the situation and the laws of your state, it may be possible to exhume a body under certain circumstances and have it cremated. Cremation is recommended if the purpose for exhuming the body is to transport the remains.
Overview of Texas Cremation Laws Simultaneous cremation of two or more human bodies is not allowed without proper permission. There is a 48-hour waiting period for cremation in Texas. A cause of death is required on death certificates in Texas. You don't have to purchase a traditional casket for cremation.
