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Generally speaking, when you purchase a cemetery plot, it does not expire, and it will always be yours. However, there are a few things to keep in mind. First, it's important to point out that when you purchase a burial plot, you are not purchasing the land itself.
Plots are just like any other real estate. There are companies that specialize in the resale of cemetery plots. The plots have value and go up in price often times. The other atty is correct, you are going to have to sort out the title issue in probate and heirship determination.
Texas Health and Safety Code - HEALTH & SAFETY § 711.002. Disposition of Remains; Duty to Inter. (7) any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent. (B) a person in a different priority class, in the priority listed in Subsection (a).
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.
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.
Texas' automatic right of interment states that the plots pass first to your surviving spouse, otherwise to your children on a first come, first need basis and then finally to your heirs at law.
However, typically prepare a notarized Warranty Deed for Transferring Cemetery Property and send a copy to our office. We have a blank Warranty Deed for Cemetery Plots in our office if you wish to use it. We also ask that proof of ownership of the property be provided if you are not listed on the original deed.
The governing body by ordinance may authorize the establishment or use of a cemetery located inside the boundaries of the municipality if the municipality determines and states in the ordinance that the establishment or use of the cemetery does not adversely affect public health, safety, and welfare.