Petition To Remove and Reinter Remains - Burial

State:
Multi-State
Control #:
US-01065BG
Format:
Word; 
Rich Text
Instant download

Description

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.

Definition and meaning

The Petition To Remove and Reinter Remains - Burial is a legal document filed by a party seeking permission from the court to relocate human remains from one burial site to another. This process may be necessitated by various factors, including the deterioration of the original site, the desire of relatives to move the remains closer to family, or legal issues concerning the existing burial location.

Key components of the form

This petition typically includes the following components:

  • Name and contact information of the petitioner
  • Details of the deceased, including the name and date of death
  • The current burial location
  • Reason for the removal and reinterment
  • Evidence of consent from other stakeholders, such as relatives
  • A copy of any permits obtained for relocation

Who should use this form

The Petition To Remove and Reinter Remains - Burial should be used by individuals or family members who have legal standing, such as surviving relatives or designated representatives, to request the relocation of remains. Users might include children, spouses, or handling attorneys in cases where a decedent's remains must be moved for valid reasons.

How to complete a form

To ensure accurate completion of the petition, follow these steps:

  1. Begin by entering your personal information accurately in the designated sections.
  2. Provide the full name and details of the deceased.
  3. Outline the reason for removing the remains and include any supporting documents.
  4. Attach copies of consent from other family members where applicable.
  5. Review the form for completeness and clarity before submission.
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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.

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Petition To Remove and Reinter Remains - Burial