Petition To Remove and Reinter Remains - Burial
Overview of this form
The Petition to Remove and Reinter Remains is a legal document used by individuals to request the reinterment of a deceased person's remains from one burial site to another. This form is typically utilized when a cemetery has failed to uphold its contractual obligation for the care of the grave, resulting in neglect or deterioration of the site. Unlike other forms related to cemeteries, this petition focuses specifically on the removal and relocation due to breach of care agreements.
Key parts of this document
- Identification of the petitioner and respondent, including names and addresses.
- Details about the deceased, including date of death and burial location.
- Evidence of cemetery neglect and contract breach.
- Permits and consents obtained for the removal of remains.
- Request for court authorization for the reinterment at a new location.
When this form is needed
This form should be used when a family member or legal representative of the deceased wishes to relocate the remains due to poor conditions at the burial site. Situations may include overgrown graves, lack of maintenance, or other forms of neglect by the cemetery that violate the care agreement. Additionally, this petition is necessary when consent from the cemetery is not forthcoming despite requests for cooperation.
Intended users of this form
This petition is intended for:
- Surviving family members of the deceased, such as children or heirs.
- Legal guardians or representatives of the deceased’s estate.
- Individuals who have obtained necessary permissions from next of kin to act on behalf of the family.
Steps to complete this form
- Identify the petitioner by providing personal details such as name and address.
- Fill in the respondent's information, including the cemetery's name and address.
- Provide details about the deceased, including their name and date of death.
- Document the reasons for the petition, citing the cemetery's breaches of care.
- Include copies of permits and consents from next of kin for the removal.
- Sign the petition, and prepare it for submission to the court.
Is notarization required?
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
Common mistakes to avoid
- Failing to obtain necessary permits before filing the petition.
- Not including all required documentation, such as consent from next of kin.
- Improperly identifying the cemetery or respondent.
- Lack of clear evidence outlining the neglect by the cemetery.
Why complete this form online
- Convenient access to legal documents from anywhere, at any time.
- Easy to edit information directly as needed.
- Reliability in having forms that comply with legal standards.
State-specific requirements
This form is suitable for use across multiple states but may need changes to align with your state’s laws. Review and adapt it before final use.
Quick recap
- The Petition to Remove and Reinter Remains addresses property neglect by a cemetery.
- This form requires personal identification, evidence of neglect, and consent from family members.
- It is crucial to verify state-specific laws regarding reinterment and documentation.
- Completing this form accurately is essential to facilitate the legal process for removing remains.
Form popularity
FAQ
There may be paperwork you must fill out to obtain permission to exhume the body. Be aware that exhumation of a body is quite expensive.An embalmed body can be cremated. My mother wanted my father to be visible at his visitation, so at her wishes he was embalmed and shown at the funeral home.
To repatriate exhumed remains you will be required to provide an exhumation license application, a letter from the airline or shipping company that would be transporting the remains confirming their role in the repatriation, and a letter from the cemetery that the deceased will be reinterred in.
Exhumation Costs$1,000 or more. You may need state permits. Cost varies state-to-state. If the body is recently buried in a vault or metal coffin $3,000 $5,000 for the exhumation itself.
So, in answer to the question: the exhumation of cremation ashes is usually unlawful without permission from the Ministry of Justice and the Ministry prefer to have the consent of the next of kin.
Under the Burial Act 1857, once a person has been buried it is unlawful to disturb or remove the body without lawful authority. The exhumation of cremation ashes on consecrated ground can only be authorised by a Faculty from the local Diocese.
Under the Burial Act 1857, once a person has been buried it is unlawful to disturb or remove the body without lawful authority. The exhumation of cremation ashes on consecrated ground can only be authorised by a Faculty from the local Diocese.
Exhumation Costs$1,000 or more. You may need state permits. Cost varies state-to-state. If the body is recently buried in a vault or metal coffin $3,000 $5,000 for the exhumation itself.
You will need to contact the current cemetery and the new cemetery to coordinate plans for the transfer of the body. When having a body disinterred and moved, you may need to purchase a new casket for the transportation and reburial. (A very basic casket starts at $500 and up.)
Exhuming a Body: Reasons and Methods With roots in the Latin word exhumare (literally translated to 'out of the ground'), exhumation is the process of unearthing buried human remains for any number of reasons.
